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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on appointing someone for Hajj who is not known for righteousness and trustworthiness

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Question: This question concerns the appointment of a proxy for Hajj. The sender of the questions is from the region of Balqarn, and he is the brother Muhsin Salim Muhammad Ghazwan. He says: I gave money to a person to perform Hajj on behalf of my mother, and I considered him trustworthy. Then it became clear to me that this person is engaged in improper work. He is seeking guidance in this matter?

Answer:
It is recommended that whoever wishes to appoint a proxy for Hajj or 'Umrah should choose a righteous man known for trustworthiness and integrity. He should inquire about him and not be lax. He should not give the money to someone whose character he does not know. Rather, it is obligatory to be careful in the matter and not to appoint anyone but a trustworthy, honest person whom his neighbors, brothers, and companions have recognized as such. If a person hires someone who is not trustworthy—meaning, if it becomes apparent to him afterward that the person is not trustworthy—then it is better for him, if he wishes, not to be satisfied with that. Rather, he should send another proxy to a trustworthy, honest person, or perform Hajj himself on behalf of his mother, or his grandmother, or his sister in Allah, on behalf of a sister who has died and did not perform Hajj, or who is unable to perform Hajj due to advanced age. He should perform Hajj himself until he is reassured that he has fulfilled the Hajj on behalf of this relative. Or he should give it to a trustworthy, honest person known for such qualities, so that he is reassured that it will be performed as Allah (Glorified and Exalted is He) has prescribed .
Many people do not care; they give the Hajj to just anyone, to whoever comes along. This is an error. It is not recommended, it is not part of trustworthiness, and it is not part of care. It is necessary for a person to guard the trust and fear Allah in all his affairs.

In conclusion: If it is easy for him to perform Hajj himself on behalf of his mother, grandmother, or sister, there is no harm in that, and it is better. If it is not easy, he should choose a trustworthy, honest person known for piety and integrity. If it is easy for him to choose someone from among the scholars, that is more complete, so that the rites of Hajj are performed in the best manner and as Allah (Glorified and Exalted is He) has prescribed .
Then, Hajj is not performed on behalf of anyone except a deceased person or an elderly person—that is, one who is unable to perform Hajj. As for a healthy, living person, one does not perform Hajj on his behalf. Rather, it is only for the deceased, or for one who is unable due to advanced age or an illness that is not expected to be cured. One performs Hajj on his behalf, even if it is a voluntary Hajj, according to the stronger opinion. Yes.


The presenter: But now the Hajj has taken place, and he is asking about its ruling, whether...?

The Shaykh: It appears that it is sufficient, if Allah wills, if he did not know whether the proxy performed Hajj or not. It appears that it is sufficient, because the original presumption in such matters is that the majority of those who take on this duty perform it. This is the majority case. Even if he may be suspected of betrayal, the majority case is that he performs it. But if he takes precaution and takes another proxy from the standpoint of precaution, that is good, from the standpoint of
Leave that which makes you doubt for that which does not make you doubt.دع ما يريبك إلى ما لا يريبك
Sunan an-Nasa'i 5711Sahih (Darussalam)
and from the standpoint of caution. Especially if he was an agent in that matter. If he was an agent in sending out the Hajj, he fell short in the agency and did not attend to it. So, for him to send out another Hajj from his own money to take precaution for his religion and for the clearing of his conscience, that is better, if Allah wills, because the first one is not guaranteed to perform the Hajj. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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