My brother in an Islamic state wants to appoint me to perform Hajj on his behalf, and he is able to perform Hajj, but his country does not allow him to go to Hajj.
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The questioner : He says: O honorable Shaykh, a dear brother of mine in an Islamic state wants to appoint me to perform Hajj on his behalf, and he is able to perform Hajj. But his country does not allow him to go to Hajj because he has not reached the age for pilgrims that that country has set. So I told him: I will ask the Shaykh about the ruling on this issue and then inform you of it. Is it valid for me to perform Hajj on his behalf, or what?
The Shaykh : Tell him that it is not valid for you to perform Hajj on his behalf, because this obstacle is expected to be removed. When will it be removed? Ah? When he reaches the official age with them. And if the inability is expected to be removed, then it is not permissible for one upon whom Hajj is obligatory to appoint another person. For this reason, we say: if the time for Hajj comes and a person is ill with a common illness from which recovery is expected, is he allowed to appoint someone? No. But if it is a chronic illness from which recovery is not expected, then he is allowed to appoint someone. So let him inform his companion that he owes no Hajj because he is unable. And that it is not permissible for him to appoint someone because his inability is expected to be removed.
Yes.
The Shaykh : Tell him that it is not valid for you to perform Hajj on his behalf, because this obstacle is expected to be removed. When will it be removed? Ah? When he reaches the official age with them. And if the inability is expected to be removed, then it is not permissible for one upon whom Hajj is obligatory to appoint another person. For this reason, we say: if the time for Hajj comes and a person is ill with a common illness from which recovery is expected, is he allowed to appoint someone? No. But if it is a chronic illness from which recovery is not expected, then he is allowed to appoint someone. So let him inform his companion that he owes no Hajj because he is unable. And that it is not permissible for him to appoint someone because his inability is expected to be removed.
Yes.
