A woman who wants to appoint someone to perform Hajj on her behalf because of his knowledge and her trust in him, and her limited knowledge of the rites of Hajj, and because she fears for herself from the circumstances of menstruation and other factors
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The questioner : A woman wants to appoint someone to perform Hajj for her because of his knowledge and her trust in him that he will perform the rites completely, and her limited knowledge of the rites of Hajj. Also, she fears for herself from the circumstances of menstruation and other factors, and so that she can raise her children and look after them at home. Is that permissible in the Shari'ah in your view, O honorable Shaykh?
The Shaykh : Appointing someone to perform Hajj on one's behalf is not free from two cases. The first case is that it is for the obligatory Hajj.
The second case is that it is for a voluntary Hajj. If it is for the obligatory Hajj, it is not permissible to appoint another to perform Hajj or 'Umrah on one's behalf unless one is in a state where he cannot reach the House himself due to a chronic illness that is not expected to end, or due to old age or the like. If this illness is expected to end, he waits until Allah heals him and he performs Hajj himself. If he has no impediment to Hajj and is capable of performing Hajj himself, it is not lawful for him to appoint another to perform the rites on his behalf, because he is the one personally required to do it. Allah the Exalted said:[Ali 'Imran 3:97] The acts of worship are intended for the person to perform them himself so that his worship and humility before Allah (Glorified and Exalted is He) are complete. It is well known that one who appoints another does not attain this great meaning for which acts of worship were legislated.
As for if the one who appointed has already performed the obligatory Hajj and wants to appoint someone to perform Hajj or 'Umrah on his behalf, there is a difference of opinion among the scholars. Some of them permitted it, and some of them prohibited it. The closest view to me is prohibition, and that it is not permissible for anyone to appoint someone to perform Hajj or 'Umrah on his behalf if it is voluntary, because the original rule for acts of worship is that the person performs them himself. Just as a person does not appoint someone to fast on his behalf, even though if he dies and he has obligatory fasts to make up, his guardian fasts on his behalf, so it is the same in Hajj. Hajj is an act of worship in which the person acts with his body, and it is not a financial act of worship intended to benefit others. If it is a bodily act of worship that the person performs with his body, it is not valid for another to perform it on his behalf except in what the Sunnah has come regarding. The Sunnah has not come regarding a person performing a voluntary Hajj on behalf of another. This is one of the two narrations from Ahmad, meaning that it is not valid for a person to appoint another for a voluntary Hajj or 'Umrah, whether he is capable or not. If we say this, it becomes an encouragement for the wealthy who are capable of performing Hajj themselves, because some people pass many years without going to Makkah, relying on the fact that they appoint someone to perform Hajj on their behalf every year, so they miss the meaning for which Hajj was legislated, on the basis that they appoint someone to perform Hajj on their behalf. Yes.
The questioner : May Allah reward you. A final question in a listener's message says in it.
The Shaykh : Appointing someone to perform Hajj on one's behalf is not free from two cases. The first case is that it is for the obligatory Hajj.
The second case is that it is for a voluntary Hajj. If it is for the obligatory Hajj, it is not permissible to appoint another to perform Hajj or 'Umrah on one's behalf unless one is in a state where he cannot reach the House himself due to a chronic illness that is not expected to end, or due to old age or the like. If this illness is expected to end, he waits until Allah heals him and he performs Hajj himself. If he has no impediment to Hajj and is capable of performing Hajj himself, it is not lawful for him to appoint another to perform the rites on his behalf, because he is the one personally required to do it. Allah the Exalted said:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًاAs for if the one who appointed has already performed the obligatory Hajj and wants to appoint someone to perform Hajj or 'Umrah on his behalf, there is a difference of opinion among the scholars. Some of them permitted it, and some of them prohibited it. The closest view to me is prohibition, and that it is not permissible for anyone to appoint someone to perform Hajj or 'Umrah on his behalf if it is voluntary, because the original rule for acts of worship is that the person performs them himself. Just as a person does not appoint someone to fast on his behalf, even though if he dies and he has obligatory fasts to make up, his guardian fasts on his behalf, so it is the same in Hajj. Hajj is an act of worship in which the person acts with his body, and it is not a financial act of worship intended to benefit others. If it is a bodily act of worship that the person performs with his body, it is not valid for another to perform it on his behalf except in what the Sunnah has come regarding. The Sunnah has not come regarding a person performing a voluntary Hajj on behalf of another. This is one of the two narrations from Ahmad, meaning that it is not valid for a person to appoint another for a voluntary Hajj or 'Umrah, whether he is capable or not. If we say this, it becomes an encouragement for the wealthy who are capable of performing Hajj themselves, because some people pass many years without going to Makkah, relying on the fact that they appoint someone to perform Hajj on their behalf every year, so they miss the meaning for which Hajj was legislated, on the basis that they appoint someone to perform Hajj on their behalf. Yes.
The questioner : May Allah reward you. A final question in a listener's message says in it.