A man appointed another to perform Hajj on his behalf for a valid excuse; may the appointed person appoint someone else?
Machine translationRead the Arabic original
The questioner : Your Eminence, the Shaykh, in Saturday's lecture, a person was given a Hajj, and a question came up on the topic, and you issued a ruling, may Allah reward you with good, that if a person wants to take money to perform Hajj, he may have another person act on his behalf.
And these people choose a person for his specific character; they do not choose the Hajj itself, because some people request, as a favor, that someone perform Hajj on behalf of their deceased relative, and some people request, as a favor, that he perform it, and they are not satisfied?
The Shaykh : Yes, it appears to me that you understood incorrectly, because it is not permissible for a person, if he is given a Hajj, to appoint someone else in his place, except after consulting his partner, or except if he is told, "Take this money and give it to whoever you consider suitable."
But if it is said, "If you contracted with him on the basis that he is the one who will perform Hajj," then it is not permissible for him to give it to someone else, because I might choose this man and not choose the other. Yes, that is right.
This is the reality, but what you mentioned, perhaps you missed some of the speech.
The questioner : An example was given, O Shaykh, that a person rents a house, that this one who called for it, this example, that if a person rents a house, and he can rent this person out for less than what he himself pays to rent it.
The Shaykh : For more.
The questioner : Yes, for more than what he pays to rent it.
The Shaykh : No, this is an analogy with a difference, O Salim.
The questioner : Because once in the question itself.
The Shaykh : Yes, this is a question with a difference, because the residence of the house does not concern the lessor whether it is Zayd or 'Abd who resides in it, and for this reason we said, on the condition that the second tenant is not more harmful than the first tenant. Yes, this is different from that.
So the important point is that if there is a difference in preferences regarding it, then it is not permissible for him to give it to someone else. For example, suppose I hired you to copy a book for me; it is not permissible for you to give it to someone else to copy it, because I might choose your handwriting and not choose the other person's handwriting, and so it is with Hajj. Yes.
The questioner : The question is like a person who comes to me and asks me as a favor...
The Shaykh : What is this?
The questioner : I mean, a person says, "Perform Hajj on behalf of your father..."
The Shaykh : Yes, indeed.
The questioner : And he persists in asking me.
The Shaykh : I told you during the lesson that if a person takes on a Hajj to fulfill his companion's need and for the good that he himself obtains in the sacred sites, then that is fine, and the person is paid for it.
And these people choose a person for his specific character; they do not choose the Hajj itself, because some people request, as a favor, that someone perform Hajj on behalf of their deceased relative, and some people request, as a favor, that he perform it, and they are not satisfied?
The Shaykh : Yes, it appears to me that you understood incorrectly, because it is not permissible for a person, if he is given a Hajj, to appoint someone else in his place, except after consulting his partner, or except if he is told, "Take this money and give it to whoever you consider suitable."
But if it is said, "If you contracted with him on the basis that he is the one who will perform Hajj," then it is not permissible for him to give it to someone else, because I might choose this man and not choose the other. Yes, that is right.
This is the reality, but what you mentioned, perhaps you missed some of the speech.
The questioner : An example was given, O Shaykh, that a person rents a house, that this one who called for it, this example, that if a person rents a house, and he can rent this person out for less than what he himself pays to rent it.
The Shaykh : For more.
The questioner : Yes, for more than what he pays to rent it.
The Shaykh : No, this is an analogy with a difference, O Salim.
The questioner : Because once in the question itself.
The Shaykh : Yes, this is a question with a difference, because the residence of the house does not concern the lessor whether it is Zayd or 'Abd who resides in it, and for this reason we said, on the condition that the second tenant is not more harmful than the first tenant. Yes, this is different from that.
So the important point is that if there is a difference in preferences regarding it, then it is not permissible for him to give it to someone else. For example, suppose I hired you to copy a book for me; it is not permissible for you to give it to someone else to copy it, because I might choose your handwriting and not choose the other person's handwriting, and so it is with Hajj. Yes.
The questioner : The question is like a person who comes to me and asks me as a favor...
The Shaykh : What is this?
The questioner : I mean, a person says, "Perform Hajj on behalf of your father..."
The Shaykh : Yes, indeed.
The questioner : And he persists in asking me.
The Shaykh : I told you during the lesson that if a person takes on a Hajj to fulfill his companion's need and for the good that he himself obtains in the sacred sites, then that is fine, and the person is paid for it.