GUIDELINES AND RULINGS ON HAJJ AL-BADAL (proxy Hajj) Part 1
Praise be to Allah.
Many people have a careless attitude concerning Hajj al-badal. There are guidelines, conditions and rulings on Hajj al-badal. We will mention whatever we can of them, in the hope that Allah will cause people to benefit thereby.
1.Hajj al-badal is not valid in the case of the obligatory Hajj on behalf of one who is able to perform Hajj himself.
Ibn Qudaamah (may Allah have mercy on him) said:
It is not permissible for one who is able to perform Hajj himself to appoint someone else to perform the obligatory Hajj on his behalf, according to scholarly consensus. Ibn al-Mundhir said: The scholars are unanimously agreed that if a person is required to perform the obligatory Hajj and he is able to perform Hajj, it is not acceptable for someone else to perform Hajj on his behalf. End quote.
Al-Mughni, 3/185
2.Hajj al-badal may be performed on behalf of a sick person who has no hope of recovery, or one who is physically incapable, or one who has passed away, but not on behalf of one who is poor or one who is unable to do it because of political or security circumstances.
An-Nawawi (may Allah have mercy on him) said:
The majority (of scholars) are of the view that it is permissible to appoint a proxy for Hajj on behalf of the deceased and one who is incapable and has no hope of recovery. Al-Qaadi ‘Iyaad gave the reason why the Maaliki madhhab differed from the majority concerning this matter, which was that they thought that the hadeeth about fasting on behalf of the deceased and doing Hajj on behalf of the deceased was not sound. But this is not correct and the hadeeth is sound. It is sufficient evidence of its soundness to note that Muslim quoted it in his Saheeh.
Sharh an-Nawawi ‘ala Muslim, 8/27
The hadeeth to which an-Nawawi (may Allah have mercy on him) referred and noted that some of the Maalikis regarded it as unsound is as follows:
It was narrated from ‘Abdullah ibn Buraydah that his father (may Allah be pleased with him) said: Whilst I was sitting with the Messenger of Allah (blessings and peace of Allah be upon him), a woman came to him and said: I gave a slave woman in charity to my mother, then she died. He said: “Your reward is assured, and she (the slave woman) has been returned to you as an inheritance.” She said: O Messenger of Allah, she owed one month’s fasting, should I fast on her behalf? He said: “Fast on her behalf.” She said: She never went for Hajj, should I perform Hajj on her behalf? He said: “Perform Hajj on her behalf.”
Narrated by Muslim, 1149
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
Those who regard it as permissible to appoint a proxy for Hajj were unanimously agreed that it is not acceptable for the obligatory Hajj except when it is done on behalf of one who has passed away or who is paralysed. That does not include the one who is sick, because there is the hope that he may recover; or the one who is insane, because there is the hope that he may come back to his senses; or the one who is imprisoned, because there is the hope that he may be released; or for the one who is poor, because there is the hope that he may become independent of means.
End quote from Fath al-Baari, 4/70
The scholars of the Standing Committee were asked:
Is it permissible for a Muslim who has performed the obligatory Hajj to perform Hajj on behalf of one of his relatives in China, because he is not able to travel in order to perform the obligatory Hajj?
They replied:
It is permissible for the Muslim who has performed the obligatory Hajj on his own behalf to perform Hajj on behalf of someone else, if the other person is not able to perform Hajj himself because he is elderly, or sick with an illness from which there is no hope of recovery, or because he has died, because of the saheeh hadeeths that speak of that.
#Hajj #IslamQA #Rulings
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