"From the perspective of their obligation"
Machine translationRead the Arabic original
The Shaykh : However, the author said "From the perspective of their obligation", meaning the time has ended from the perspective of their obligation, that is, from the place from which the one for whom the proxy is appointed is obligated to perform Hajj. For example, if a person is from the people of Madinah and Hajj becomes obligatory for him while he is in Madinah, from where must he appoint the proxy? From Madinah, and it is necessary. So if he appoints a proxy from Rabigh, which is a miqat, that is not permissible. Now, if he appoints a proxy from Makkah, it is even more necessary that he appoint him from the country in which Hajj became obligatory for him. This is because Hajj became obligatory for him while he was in Madinah. Based on this, if a person from Madinah appoints someone in Makkah to perform Hajj on his behalf, it is not valid, because the obligation is to appoint from the place where Hajj became obligatory for him. What is the 'illah (operative cause)? They said that if the man wanted to perform Hajj for himself, from where would he set out? From his place, from Madinah. So likewise, his proxy. And this opinion is weak, because the one for whom the proxy is appointed is only obligated to set out from his country because he is unable to jump one step and arrive in Makkah, yes, is that not so? Therefore, if this person is in Makkah, having traveled there for a purpose other than Hajj, such as study or something else, and then he wants to enter the state of ihram for Hajj from Makkah, do we permit him to do so? Or do we say, go to Madinah because you are from the people of Madinah and Hajj is obligatory for you in Madinah? The former. We say there is no harm in entering the state of ihram for Hajj from Makkah. So there is no harm in the proxy entering the state of ihram from Makkah. The journey from Madinah to Makkah is not a journey intended for its own sake, but rather a journey intended for what? For something else, namely the impossibility of performing Hajj except by setting out from Madinah. Is that clear? So the stronger opinion is that he is not obligated to appoint someone to perform Hajj for him from his place, and he has the option to appoint someone to perform Hajj for him from where? From Makkah, and there is no blame on him for that.
