What is the evidence for the permissibility of delegation in stoning the pillars?
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Question:
Is there any evidence from an authentic hadith for delegation in stoning the pillars? Because some scholars say that Jabir’s wording (we stoned on behalf of the children...) is not established?
Answer:
There is no doubt that there is weakness in the chain of this hadith, but the scholars’ main basis is that children, the sick, and the elderly are unable to perform the stoning. The principle is that the Shari'ah permits delegation in matters where direct performance is difficult. A person delegates the payment of his zakah to someone who pays it on his behalf because it is a financial right. He also delegates many other matters to someone who performs them on his behalf if they are obligatory upon him. This stoning is obligatory, so he delegates to someone to perform it on his behalf, just as he delegates the entire Hajj or the entire 'Umrah to someone to perform it on his behalf if he is unable, or if he is dead, his guardian or the executor of his will delegates on his behalf. So, this person is unable, so he delegated on his behalf.
Jabir’s hadith is a corroborating narration and a supporting proof, but it is not the main basis. The main basis is that delegation is permissible in the original Hajj for the one who is unable, and the same applies to the original 'Umrah. This stoning is a part of it; if a child or someone like him is unable to perform it, he delegates. There is no reason to negate it, because if delegation is possible in an obligatory act, it does not drop. It only drops if it is not possible to perform it by anyone other than the person himself. The original ruling is that the obligation remains, and the one who is accountable must discharge it either by himself or by his delegate. This is possible in stoning, and likewise for the one who is unable, who is permitted to delegate in the original Hajj and 'Umrah. If he is unable to perform the circumambulation or the walking between al-Safa and al-Marwah, he delegates: such as the very old man, the very old woman, and the one whose recovery is not expected. If he attends the Hajj and is unable to perform some of the things, someone else performs them on his behalf, just as someone else performs the original Hajj and the original 'Umrah on his behalf.
Is there any evidence from an authentic hadith for delegation in stoning the pillars? Because some scholars say that Jabir’s wording (we stoned on behalf of the children...) is not established?
Answer:
There is no doubt that there is weakness in the chain of this hadith, but the scholars’ main basis is that children, the sick, and the elderly are unable to perform the stoning. The principle is that the Shari'ah permits delegation in matters where direct performance is difficult. A person delegates the payment of his zakah to someone who pays it on his behalf because it is a financial right. He also delegates many other matters to someone who performs them on his behalf if they are obligatory upon him. This stoning is obligatory, so he delegates to someone to perform it on his behalf, just as he delegates the entire Hajj or the entire 'Umrah to someone to perform it on his behalf if he is unable, or if he is dead, his guardian or the executor of his will delegates on his behalf. So, this person is unable, so he delegated on his behalf.
Jabir’s hadith is a corroborating narration and a supporting proof, but it is not the main basis. The main basis is that delegation is permissible in the original Hajj for the one who is unable, and the same applies to the original 'Umrah. This stoning is a part of it; if a child or someone like him is unable to perform it, he delegates. There is no reason to negate it, because if delegation is possible in an obligatory act, it does not drop. It only drops if it is not possible to perform it by anyone other than the person himself. The original ruling is that the obligation remains, and the one who is accountable must discharge it either by himself or by his delegate. This is possible in stoning, and likewise for the one who is unable, who is permitted to delegate in the original Hajj and 'Umrah. If he is unable to perform the circumambulation or the walking between al-Safa and al-Marwah, he delegates: such as the very old man, the very old woman, and the one whose recovery is not expected. If he attends the Hajj and is unable to perform some of the things, someone else performs them on his behalf, just as someone else performs the original Hajj and the original 'Umrah on his behalf.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.