What is the ruling on performing Hajj on behalf of another, and when is it prescribed? On whose behalf? What are its conditions? And what is the ruling on one who takes a fee for it and makes it his profession?
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The questioner : In some books, the issue, O Shaykh, is the last one; we have not yet finished with Hajj on behalf of another.
The Shaykh : Yes, Hajj on behalf of another, or the Hajj of the substitute. Performing Hajj on behalf of others, if it is not established and is established, is permissible with conditions.
The questioner: Yes.
The Shaykh : First of all, the person for whom Hajj is being performed—(peace and blessings be upon him)—must not have performed Hajj for himself while being excused, such as being poor, but then Allah enriched him, yet he was unable to perform Hajj; or he was strong and wealthy but was preoccupied with his worldly life over his hereafter, then Allah turned him to repentance, and when he repented, he was still unable to perform Hajj for one reason or another.
The questioner: Yes.
The Shaykh : Then the illness of death overtook him, and he had repented, so he left a bequest. This type requires his heirs to execute his bequest. In brief, the person for whom Hajj is being performed should be excused in the apparent view of the Shari'ah before Allah—(Mighty and Majestic)—so that it is permissible for the one performing Hajj on his behalf to do so. Then there is the issue of the substitute or compensation that may be offered to him; we see no obstacle in that, because here in physical matters... it is usually for him and for trade.
The questioner : ...a sick person; we advise him to make a bequest, and so on.
The Shaykh : Yes, it is necessary. I know people in our country who used to make the Hajj of the substitute a profession.
The student : We know people who perform Hajj annually. They have a list, a registered list at home, and the turn of the year: this year it is so-and-so's turn to perform Hajj, this year it is so-and-so's turn, this year it is so-and-so's turn.
The Shaykh : Glory be to Allah.
The questioner : And this man performs Hajj annually.
The Shaykh: Allahu Akbar.
The student : And he means he has taken it... he is a mosque imam.
The Shaykh : A profession, a trade.
The student : So he benefits.
Another student: But O Shaykh, we have employees who take a wage and go to perform Hajj from the employees of the Waqf who go and take a wage from the Waqf, and yet they take another wage...
The Shaykh : Allah is the Greatest, Allah is the Greatest.
The student : I mean... a Hajj, and it is stipulated that the gift, such-and-such, I will bring a registered one, he said it is not counted, I will bring an Ihram, this is not counted. Yes, one of the brothers is insisting on me, and I am refusing, that I perform Hajj on behalf of his relative, and this relative... and this brother cannot do it because he has not performed Hajj for himself, and he is hoping for me because he says, "Because I know you, and so on."
The Shaykh : Yes, exactly.
The student : But I am refusing because he said that the one who died did not pray.
The Shaykh: Allahu Akbar.
The student : And he was negligent of the obligatory acts... if Allah wills.
The Shaykh : One does not perform Hajj on his behalf.
The student : He said, "I want to ask Shaykh Nasser if he agrees."
The Shaykh : One does not perform Hajj on his behalf.
The questioner : Even if he was in a second state.
The Shaykh : Unless he repented to Allah, turned back, and made a bequest.
The questioner : No, he did not repent; I asked him.
The Shaykh : There is no objection.
The questioner : If my Shaykh did not make a bequest and his children took over... he made a bequest and was wealthy.
The Shaykh: No.
The questioner : Then I have, O Shaykh.
The Shaykh : I mean, the son does not perform Hajj for his father who was negligent.
The questioner: Allahu Akbar.
The Shaykh : If it were.
The questioner : Excuse me, my Shaykh.
The Shaykh : Yes.
The questioner : I mean, this son knew that his father was weak and could not perform Hajj, and his father died in a state of righteousness and piety, but he did not perform Hajj. And this young man now wants to perform Hajj for himself; he still wants to perform Hajj for another. And now the law of five years includes a Hajj, so he will perform Hajj for himself and one Hajj for his father, meaning, even though his father was good and fine and could not perform Hajj, his father performed one Hajj instead of himself for his father.
The Shaykh : If you mean that his father was excused in not performing Hajj.
The questioner : Yes.
The Shaykh : And you say that he is unable to perform Hajj on his behalf, so he performs it for another. The answer is yes, it is permissible. But before I tell you it is permissible, we must narrow the scope of the possibility that he is unable to perform Hajj. The situation you presented is not necessary. I mean, if he performs Hajj this year for himself, that is what is originally obligatory upon him. And he intends in his heart that whenever the opportunity arises, he will perform Hajj for his father. If he is convinced beforehand that he is unable to perform Hajj, then at that time he performs it for another.
The questioner : Yes.
The Shaykh : Yes, Hajj on behalf of another, or the Hajj of the substitute. Performing Hajj on behalf of others, if it is not established and is established, is permissible with conditions.
The questioner: Yes.
The Shaykh : First of all, the person for whom Hajj is being performed—(peace and blessings be upon him)—must not have performed Hajj for himself while being excused, such as being poor, but then Allah enriched him, yet he was unable to perform Hajj; or he was strong and wealthy but was preoccupied with his worldly life over his hereafter, then Allah turned him to repentance, and when he repented, he was still unable to perform Hajj for one reason or another.
The questioner: Yes.
The Shaykh : Then the illness of death overtook him, and he had repented, so he left a bequest. This type requires his heirs to execute his bequest. In brief, the person for whom Hajj is being performed should be excused in the apparent view of the Shari'ah before Allah—(Mighty and Majestic)—so that it is permissible for the one performing Hajj on his behalf to do so. Then there is the issue of the substitute or compensation that may be offered to him; we see no obstacle in that, because here in physical matters... it is usually for him and for trade.
The questioner : ...a sick person; we advise him to make a bequest, and so on.
The Shaykh : Yes, it is necessary. I know people in our country who used to make the Hajj of the substitute a profession.
The student : We know people who perform Hajj annually. They have a list, a registered list at home, and the turn of the year: this year it is so-and-so's turn to perform Hajj, this year it is so-and-so's turn, this year it is so-and-so's turn.
The Shaykh : Glory be to Allah.
The questioner : And this man performs Hajj annually.
The Shaykh: Allahu Akbar.
The student : And he means he has taken it... he is a mosque imam.
The Shaykh : A profession, a trade.
The student : So he benefits.
Another student: But O Shaykh, we have employees who take a wage and go to perform Hajj from the employees of the Waqf who go and take a wage from the Waqf, and yet they take another wage...
The Shaykh : Allah is the Greatest, Allah is the Greatest.
The student : I mean... a Hajj, and it is stipulated that the gift, such-and-such, I will bring a registered one, he said it is not counted, I will bring an Ihram, this is not counted. Yes, one of the brothers is insisting on me, and I am refusing, that I perform Hajj on behalf of his relative, and this relative... and this brother cannot do it because he has not performed Hajj for himself, and he is hoping for me because he says, "Because I know you, and so on."
The Shaykh : Yes, exactly.
The student : But I am refusing because he said that the one who died did not pray.
The Shaykh: Allahu Akbar.
The student : And he was negligent of the obligatory acts... if Allah wills.
The Shaykh : One does not perform Hajj on his behalf.
The student : He said, "I want to ask Shaykh Nasser if he agrees."
The Shaykh : One does not perform Hajj on his behalf.
The questioner : Even if he was in a second state.
The Shaykh : Unless he repented to Allah, turned back, and made a bequest.
The questioner : No, he did not repent; I asked him.
The Shaykh : There is no objection.
The questioner : If my Shaykh did not make a bequest and his children took over... he made a bequest and was wealthy.
The Shaykh: No.
The questioner : Then I have, O Shaykh.
The Shaykh : I mean, the son does not perform Hajj for his father who was negligent.
The questioner: Allahu Akbar.
The Shaykh : If it were.
The questioner : Excuse me, my Shaykh.
The Shaykh : Yes.
The questioner : I mean, this son knew that his father was weak and could not perform Hajj, and his father died in a state of righteousness and piety, but he did not perform Hajj. And this young man now wants to perform Hajj for himself; he still wants to perform Hajj for another. And now the law of five years includes a Hajj, so he will perform Hajj for himself and one Hajj for his father, meaning, even though his father was good and fine and could not perform Hajj, his father performed one Hajj instead of himself for his father.
The Shaykh : If you mean that his father was excused in not performing Hajj.
The questioner : Yes.
The Shaykh : And you say that he is unable to perform Hajj on his behalf, so he performs it for another. The answer is yes, it is permissible. But before I tell you it is permissible, we must narrow the scope of the possibility that he is unable to perform Hajj. The situation you presented is not necessary. I mean, if he performs Hajj this year for himself, that is what is originally obligatory upon him. And he intends in his heart that whenever the opportunity arises, he will perform Hajj for his father. If he is convinced beforehand that he is unable to perform Hajj, then at that time he performs it for another.
The questioner : Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.