The Ruling on Performing Hajj on Behalf of Another
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Your Eminence! In a past lesson, the issue of delegating the performance of Hajj to another person came up, and a question was asked on the topic. You issued a ruling—may Allah reward you with good—that a person who receives money to perform Hajj on behalf of another may appoint another person to do it for him. This leads people to choose a specific individual rather than the Hajj itself; because some people ask nicely for the person to perform it with his own intention, while others ask nicely for the person to perform it on their behalf, and they do not allow him to do so!
It appears to me that you have misunderstood; because it is not permissible for a person who is given a Hajj to perform to appoint someone else in his place except after consulting the owner of the Hajj.Or if it is said to him: Take this money and give it to whoever you consider suitable. However, if he contracted with him on the condition that he himself would perform the Hajj, then it is not permissible for him to give it to someone else; because I might choose this man and not choose the other.
This is the reality.
As for what you mentioned, perhaps you missed some of the speech.
The questioner: I will give—O Shaykh—For example of this: a person the right to rent a house, and he in turn has the right to sublet this house from the inside for more than what he rented it for himself! The Shaykh: This is an analogy with a difference.
The questioner: But this example came up with the same question in the aforementioned lesson.
The Shaykh: But it is an analogy with a difference; because the dwelling in the house does not matter to the lessor whether Zayd or 'Abd lives in it,For this reason we said: provided that the second tenant is not more harmful than the first tenant.
So this is different from that.
So the important point is that if the rented item is one in which preferences vary, then it is not permissible for the tenant to give it to someone else,An example of that is: suppose I rented you to copy a book for me, then in that case it is not permissible for you to give it to someone else to copy it; because I might choose your handwriting and not choose the other person's handwriting, and so it is with Hajj.
Interjection: O Shaykh! To complete this question: if a person came to me and asked me nicely,And he said: to perform Hajj on behalf of my daughter, do I have any reward?The Shaykh: I told you during the lesson: that if a person takes on the Hajj to fulfill the need of his companion, then the good he obtains in the sacred sites is good, and the person is rewarded for it.
It appears to me that you have misunderstood; because it is not permissible for a person who is given a Hajj to perform to appoint someone else in his place except after consulting the owner of the Hajj.Or if it is said to him: Take this money and give it to whoever you consider suitable. However, if he contracted with him on the condition that he himself would perform the Hajj, then it is not permissible for him to give it to someone else; because I might choose this man and not choose the other.
This is the reality.
As for what you mentioned, perhaps you missed some of the speech.
The questioner: I will give—O Shaykh—For example of this: a person the right to rent a house, and he in turn has the right to sublet this house from the inside for more than what he rented it for himself! The Shaykh: This is an analogy with a difference.
The questioner: But this example came up with the same question in the aforementioned lesson.
The Shaykh: But it is an analogy with a difference; because the dwelling in the house does not matter to the lessor whether Zayd or 'Abd lives in it,For this reason we said: provided that the second tenant is not more harmful than the first tenant.
So this is different from that.
So the important point is that if the rented item is one in which preferences vary, then it is not permissible for the tenant to give it to someone else,An example of that is: suppose I rented you to copy a book for me, then in that case it is not permissible for you to give it to someone else to copy it; because I might choose your handwriting and not choose the other person's handwriting, and so it is with Hajj.
Interjection: O Shaykh! To complete this question: if a person came to me and asked me nicely,And he said: to perform Hajj on behalf of my daughter, do I have any reward?The Shaykh: I told you during the lesson: that if a person takes on the Hajj to fulfill the need of his companion, then the good he obtains in the sacred sites is good, and the person is rewarded for it.