What is the ruling on appointing a capable person for a fee to perform the rites, and is it necessary that the person be deceased?
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The questioner : May Allah forgive you: The condition, O Shaykh, in appointing a proxy for Hajj and 'Umrah.
The Shaykh : In what?
The questioner : Regarding Hajj and 'Umrah, is it necessary that the person for whom they are performed be deceased or unable to perform them? Or, for example, if a person is busy with work or is someone who gives another person a sum of money so that he can perform 'Umrah or Hajj on his behalf?
The Shaykh : May Allah bless you. If this Hajj is an obligation, it is not permissible for a capable person to appoint a proxy to perform it on his behalf. If it is a voluntary act, some scholars said that it is permissible if the appointment of a proxy is permissible in the case of an obligation, meaning if the person is unable and cannot perform it. As for the capable person, it is not permissible. Other scholars said that there is no appointment of a proxy in voluntary acts, neither for the unable nor the capable, because these are acts of worship required of the person himself. If he is capable, that is what is required of him. If he is not capable, then either it is dropped from him, or he appoints another if it is something that allows for a proxy. In my view, this is closer to the truth, because if we open the door, every person, especially the wealthy, when the time for Hajj comes, would lie on his bed and give people money to perform Hajj on his behalf. Rather, we say that this is an act of worship: either you perform it yourself, or you leave it. And better than that, if Allah has given him wealth, it is better for him to help those who need to perform Hajj, whether for the obligation or the voluntary act, and that is better than saying, "O so-and-so, perform Hajj for me." Yes.
The Shaykh : In what?
The questioner : Regarding Hajj and 'Umrah, is it necessary that the person for whom they are performed be deceased or unable to perform them? Or, for example, if a person is busy with work or is someone who gives another person a sum of money so that he can perform 'Umrah or Hajj on his behalf?
The Shaykh : May Allah bless you. If this Hajj is an obligation, it is not permissible for a capable person to appoint a proxy to perform it on his behalf. If it is a voluntary act, some scholars said that it is permissible if the appointment of a proxy is permissible in the case of an obligation, meaning if the person is unable and cannot perform it. As for the capable person, it is not permissible. Other scholars said that there is no appointment of a proxy in voluntary acts, neither for the unable nor the capable, because these are acts of worship required of the person himself. If he is capable, that is what is required of him. If he is not capable, then either it is dropped from him, or he appoints another if it is something that allows for a proxy. In my view, this is closer to the truth, because if we open the door, every person, especially the wealthy, when the time for Hajj comes, would lie on his bed and give people money to perform Hajj on his behalf. Rather, we say that this is an act of worship: either you perform it yourself, or you leave it. And better than that, if Allah has given him wealth, it is better for him to help those who need to perform Hajj, whether for the obligation or the voluntary act, and that is better than saying, "O so-and-so, perform Hajj for me." Yes.