What is the ruling on the proxy Hajj?

The questioner: Approximately, in the question, I believe some people come to a person and say: "Here is money... perform Hajj on behalf of, for example, so-and-so?"

The Shaykh: This is the proxy Hajj.

The questioner: The proxy Hajj.

The Shaykh: Yes, indeed. This proxy Hajj has a basis, but in a very narrow sense, and not as people expand it today. A man, either due to inability and then he becomes able, or due to negligence and then he realizes, so he seeks to make up for what was missed if he is unable to make up for what was missed himself; meaning, to perform Hajj himself at the end of his life, for example. In this case, he can choose a righteous man who knows the rituals of Hajj, and say to him: "My brother, I am appointing you and entrusting you to perform Hajj on my behalf," and give him something that satisfies him. This is permissible. But we do not make this a general rule for everyone who has not performed Hajj, such as the previous scenario you raised the question about: the father died while he was able to perform Hajj, but he did not perform it. The son comes, especially if he is the guardian, and looks for him—say, two hundred dinars, five hundred dinars, a thousand dinars, given his wealth and generosity. He finds the man, especially the one who has made it a profession, and every year for the proxy Hajj he says to him: "Perform Hajj on behalf of my father." This is not permissible; because this father died as 'Umar ibn al-Khattab (may Allah be pleased with him) said: "Whoever possesses the means of travel and a mount, then does not perform Hajj, let him die if he wishes as a Jew, a Christian, or a Zoroastrian." So, the one who died while Hajj was obligatory upon him, and he was able but did not perform it, if he died as a disbeliever, he certainly died as an open sinner, and he is certainly being punished in his grave before the Fire of Hell. Who will save him from the punishment? This thousand dinars or five hundred dinars given to the one who performs the proxy Hajj? No.
The one who wants to have a proxy perform the proxy Hajj must be excused, in brief. As we said about the son who wants to perform Hajj on behalf of his father, his father must be excused. It is not that he neglected Hajj, and as I have said more than once, he may have traveled to Europe dozens of times!! To the House of Allah the Sacred, he has not performed Hajj even once!!

The questioner: As for the one who is ignorant of matters of his religion or distant, and in the end he believed with complete faith and became a Muslim in the true sense, at that moment did he not have the ability?

The Shaykh: This is not what I am talking about.

The questioner: The statement is sound, and at the end of his life he repented to Allah (Mighty and Majestic).

The Shaykh : Yes.

The questioner: Meaning, at the beginning he was not, he was always just a passerby.

The Shaykh: Perfect.

The questioner: In his old age he returned to Allah (Mighty and Majestic) and repented.

The Shaykh : Yes.

The questioner: But at that moment, did he not have the ability to go?

The Shaykh: Yes, I answered. I said: This has two cases; if he is now, when he committed himself and repented to Allah and turned back, able to perform Hajj, he must hasten to perform Hajj. If he is not able, he appoints a proxy; because he is excused; do you see? Yes, indeed.

The questioner: Okay; is it permissible, and is the reverse true, that the man performs Hajj on behalf of the son if the son is deceased?

The Shaykh: No.

The questioner : He does not do that?

The Shaykh : ... .