The Ruling on Delegating Hajj and 'Umrah
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May Allah forgive you. Shaykh, regarding the condition in delegating Hajj and 'Umrah: Is it obligatory that the person for whom it is performed be dead, or unable, or a person who is responsible, or busy, such that he gives a person a sum of money in order for him to perform 'Umrah and Hajj on his behalf?
If this Hajj is an obligation, it is not permissible for the capable person to delegate someone to perform it on his behalf.And if it is voluntary, some scholars said: It is permissible if delegation is allowed in the obligatory Hajj, by being unable and not capable. As for the capable person, it is not allowed.And some scholars said: There is no delegation in voluntary acts, neither for the unable nor the capable; because these acts of worship are required from the person himself. If he is capable, that is what is required. If he is not capable, then either it is dropped from him, or he delegates another if it is of the kind that allows delegation. And this is, in my view, closer to the truth, because if we opened the door, every person who is not capable would delegate, and the rich person, when the time for Hajj comes, would lie on his bed and give people money to perform Hajj on his behalf.So we say: This is an act of worship: either you perform it yourself, or you leave it. And better than that, if Allah has given you wealth, is to help those who need to perform Hajj, whether in the obligatory or the voluntary.It is better than saying: "So-and-so, perform Hajj for me."
If this Hajj is an obligation, it is not permissible for the capable person to delegate someone to perform it on his behalf.And if it is voluntary, some scholars said: It is permissible if delegation is allowed in the obligatory Hajj, by being unable and not capable. As for the capable person, it is not allowed.And some scholars said: There is no delegation in voluntary acts, neither for the unable nor the capable; because these acts of worship are required from the person himself. If he is capable, that is what is required. If he is not capable, then either it is dropped from him, or he delegates another if it is of the kind that allows delegation. And this is, in my view, closer to the truth, because if we opened the door, every person who is not capable would delegate, and the rich person, when the time for Hajj comes, would lie on his bed and give people money to perform Hajj on his behalf.So we say: This is an act of worship: either you perform it yourself, or you leave it. And better than that, if Allah has given you wealth, is to help those who need to perform Hajj, whether in the obligatory or the voluntary.It is better than saying: "So-and-so, perform Hajj for me."