What is the ruling on appointing a proxy for Hajj on behalf of a living person? Is there a difference between the obligatory and the voluntary?
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The questioner : May Allah reward you with good, O Shaykh: Is it permissible to appoint a proxy for Hajj on behalf of a living person? Is there a difference if it is an obligatory duty or if it is not?
The Shaykh : Appointing a proxy for the obligatory Hajj on behalf of one who is unable to perform it due to an inability that is not expected to end is permissible, because the Sunnah has established this. Likewise, appointing a proxy for a deceased person who did not perform his obligatory Hajj is established by the Sunnah. As for appointing a proxy for a living person for the voluntary Hajj, I see that the appointment is not valid, neither for the one who is unable nor for the one who is able. This is because the appointment was established for the obligatory duty out of necessity for the one who is unable, whereas there is no necessity in the voluntary act. For this reason, some scholars permitted spending from zakah for the Hajj of a poor person, but not for his voluntary Hajj, because Hajj is an obligatory duty and spending for it is a necessity, unlike the voluntary act. Therefore, I do not see the appointment for the voluntary Hajj, because we say: Hajj is an act of worship. Either a person performs it himself so that his heart is affected by it and he feels that he is worshipping Allah, or if that does not happen, there is no need for it. If he has money, let him spend it for one who has not performed the obligatory Hajj, for that is better because he assisted in an obligatory duty.
The questioner : May Allah reward you with good, O honorable Shaykh.
The Shaykh : From here, yes, please, go ahead and ask.
The Shaykh : Appointing a proxy for the obligatory Hajj on behalf of one who is unable to perform it due to an inability that is not expected to end is permissible, because the Sunnah has established this. Likewise, appointing a proxy for a deceased person who did not perform his obligatory Hajj is established by the Sunnah. As for appointing a proxy for a living person for the voluntary Hajj, I see that the appointment is not valid, neither for the one who is unable nor for the one who is able. This is because the appointment was established for the obligatory duty out of necessity for the one who is unable, whereas there is no necessity in the voluntary act. For this reason, some scholars permitted spending from zakah for the Hajj of a poor person, but not for his voluntary Hajj, because Hajj is an obligatory duty and spending for it is a necessity, unlike the voluntary act. Therefore, I do not see the appointment for the voluntary Hajj, because we say: Hajj is an act of worship. Either a person performs it himself so that his heart is affected by it and he feels that he is worshipping Allah, or if that does not happen, there is no need for it. If he has money, let him spend it for one who has not performed the obligatory Hajj, for that is better because he assisted in an obligatory duty.
The questioner : May Allah reward you with good, O honorable Shaykh.
The Shaykh : From here, yes, please, go ahead and ask.