The discussion regarding proxy in Hajj.
Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
We have previously mentioned that one who is unable to perform Hajj and 'Umrah due to an impediment falls into two categories, Abdullah?
The questioner : If there is no hope of his recovery.
The Shaykh : If there is no hope of its removal.
The questioner : He is obligated to appoint someone to perform Hajj on his behalf.
The Shaykh : If there is no hope of its removal, he is obligated to appoint...
The questioner : someone to perform Hajj on his behalf.
The Shaykh : And if there is hope?
The questioner : ... .
The Shaykh : He waits until the impediment is removed, then he performs Hajj. Now, what are the conditions for the proxy?
The questioner : The condition for the proxy is that he must have performed Hajj for himself.
The Shaykh : This is the first condition: that he has performed Hajj for himself, the obligatory one. This is the first. What is the second?
The questioner : That his Hajj for himself be valid.
The Shaykh : That his Hajj for himself be valid, as a precaution against what?
The questioner : As a precaution against a slave and a child.
The Shaykh : Yes, that the Hajj be valid for himself, as a precaution against a child and a slave. Therefore, it is not valid to appoint a slave or a child as a proxy.
The questioner : ... .
The Shaykh : It is valid for him to perform Hajj for himself and for another. Now, from where does the proxy depart?
The questioner : According to the school of thought, from the place where the obligation of Hajj fell upon the one appointing the proxy.
The Shaykh : Meaning, it is obligatory that the proxy be appointed from the place where the obligation fell upon the one appointing the proxy. Now.
The questioner : And the correct view is that it is from any place. It is not required that the proxy be appointed from the place where the obligation fell upon the one appointing the proxy; that is not required.
The Shaykh : Now, give an example, Ahmad?
The questioner : ... The obligation of Hajj fell upon him in Madinah. According to the school of thought, the proxy must depart from Madinah.
The questioner : He must depart from Madinah. And the correct view is that it is permissible for him to perform Hajj, even if...
The Shaykh : Now, what is the evidence for the school of thought?
The questioner : The evidence for the school of thought is that this is the place from which the one appointing the proxy was obligated to perform Hajj.
The Shaykh : The evidence for the school of thought is that this is the place from which the one appointing the proxy was obligated to perform Hajj, so it is obligatory for his proxy to perform Hajj from there. Now, what is the evidence for the correct view, Khalid?
The questioner : The correct view is that it is not obligatory for him.
The Shaykh : Yes, but what is the evidence for the correct view?
The questioner : Because this... is not intended for its own sake; rather, it is intended for something else.
The Shaykh : Because the journey is intended for something else, not for its own sake, and the intended goal is Hajj. So whenever it is achieved, it suffices. Does he have evidence regarding the one appointing the proxy, or is it an analogy?
The questioner : The hadith of the Messenger of Allah (peace and blessings be upon him)... He heard a person saying, "Labbaik Allah, on behalf of Shubrumah." So the Prophet (peace and blessings be upon him) said: He said: No. Then he said: Sunan Abi Dawud 1811Sahih (Al-Albani).
The Shaykh : The hadith of Ibn 'Abbas regarding the story of the man who said, "Labbaik on behalf of Shubrumah." So the Messenger (peace and blessings be upon him) said: He said: No. Perform Hajj for yourself, then perform Hajj for Shubrumah. Now, what about the analogy?
The questioner : ... .
The Shaykh : Regarding the analogy, we say: If the one appointing the proxy went to Makkah for a need other than the rites of worship, and then decided from there to enter the state of ihram, it would be valid. If this is the case in the original case, then it is even more so in the branch case.
We have previously mentioned that one who is unable to perform Hajj and 'Umrah due to an impediment falls into two categories, Abdullah?
The questioner : If there is no hope of his recovery.
The Shaykh : If there is no hope of its removal.
The questioner : He is obligated to appoint someone to perform Hajj on his behalf.
The Shaykh : If there is no hope of its removal, he is obligated to appoint...
The questioner : someone to perform Hajj on his behalf.
The Shaykh : And if there is hope?
The questioner : ... .
The Shaykh : He waits until the impediment is removed, then he performs Hajj. Now, what are the conditions for the proxy?
The questioner : The condition for the proxy is that he must have performed Hajj for himself.
The Shaykh : This is the first condition: that he has performed Hajj for himself, the obligatory one. This is the first. What is the second?
The questioner : That his Hajj for himself be valid.
The Shaykh : That his Hajj for himself be valid, as a precaution against what?
The questioner : As a precaution against a slave and a child.
The Shaykh : Yes, that the Hajj be valid for himself, as a precaution against a child and a slave. Therefore, it is not valid to appoint a slave or a child as a proxy.
The questioner : ... .
The Shaykh : It is valid for him to perform Hajj for himself and for another. Now, from where does the proxy depart?
The questioner : According to the school of thought, from the place where the obligation of Hajj fell upon the one appointing the proxy.
The Shaykh : Meaning, it is obligatory that the proxy be appointed from the place where the obligation fell upon the one appointing the proxy. Now.
The questioner : And the correct view is that it is from any place. It is not required that the proxy be appointed from the place where the obligation fell upon the one appointing the proxy; that is not required.
The Shaykh : Now, give an example, Ahmad?
The questioner : ... The obligation of Hajj fell upon him in Madinah. According to the school of thought, the proxy must depart from Madinah.
The questioner : He must depart from Madinah. And the correct view is that it is permissible for him to perform Hajj, even if...
The Shaykh : Now, what is the evidence for the school of thought?
The questioner : The evidence for the school of thought is that this is the place from which the one appointing the proxy was obligated to perform Hajj.
The Shaykh : The evidence for the school of thought is that this is the place from which the one appointing the proxy was obligated to perform Hajj, so it is obligatory for his proxy to perform Hajj from there. Now, what is the evidence for the correct view, Khalid?
The questioner : The correct view is that it is not obligatory for him.
The Shaykh : Yes, but what is the evidence for the correct view?
The questioner : Because this... is not intended for its own sake; rather, it is intended for something else.
The Shaykh : Because the journey is intended for something else, not for its own sake, and the intended goal is Hajj. So whenever it is achieved, it suffices. Does he have evidence regarding the one appointing the proxy, or is it an analogy?
The questioner : The hadith of the Messenger of Allah (peace and blessings be upon him)... He heard a person saying, "Labbaik Allah, on behalf of Shubrumah." So the Prophet (peace and blessings be upon him) said:
Have you performed Hajj for yourself?
أحججت عن نفسكperform hajj on your own behalf, then perform it on behalf of Shubrumah.
حج عن نفسك ثم حج عن شبرمةThe Shaykh : The hadith of Ibn 'Abbas regarding the story of the man who said, "Labbaik on behalf of Shubrumah." So the Messenger (peace and blessings be upon him) said:
Have you performed Hajj for yourself?
أحججت عن نفسكThe questioner : ... .
The Shaykh : Regarding the analogy, we say: If the one appointing the proxy went to Makkah for a need other than the rites of worship, and then decided from there to enter the state of ihram, it would be valid. If this is the case in the original case, then it is even more so in the branch case.