Fatwa from General ifta’a Department – Hashemite Kingdom of Jordan:
Scholars allowed delegating in Hajj in two cases:
First case: If a Muslim passed away without performing Hajj while it was required from them, the heirs should hire someone, from the inheritance, to perform Hajj on their behalf, a volunteer is also allowed.
Second case: If a Muslim is terminally ill, or too old to travel with the appropriate financial status, they must delegate their Hajj even for a fee, but there are conditions that the delegate must meet:
1- The delegate must have completed Hajj themselves; It was narrated about Ibn Abbas that prophet Mohammad PbUH once heard a man recite the Hajj call on behalf of Shobromah (A person named so) so he went on to ask him about this person, to which the man replied that it is a relative or a brother. Prophet Mohammad PbUH proceeded to inquire if the man had been to Hajj himself, when the man answered with negation he told him that he should do Hajj himself then on behalf of Shobromah. (Abu Daoud) Therefore, one is required to fulfill their own duties before doing it on others behalf.
2- To declare intention of performing Hajj al badal of someone else at Ihram.
3- The delegator (Person having someone do Hajj on their behalf) must consent before performing the rites.
4- It is preferred that a stranger takes consent from the heir of the deceased before engaging the process, because relatives are prioritized in such case and also so they know that Hajj al badal of their deceased is fulfilled.
Therefore, it is no issue to delegate a reputable company to Hajj al badal of your parents for an agreeable fee, as long as a fit delegate is chosen, even from inside Saudi Arabia, and Allah knows best.
Department of General ifta’a – Hashemite Kingdom of Jordan – Fatwa #104853
Ibn Baz said :
in the Fatwas of the permanent ifta’a committee of Saudi Arabia:
It is not possible for one to undertake Hajj for another unless they completed it themselves, and if they did it is only for themselves, not any other.This originates from what Ibn Abbas narrated that the prophet (PbUH) heard a man say “Labbayka an Shabrama” (Which mean in the stead of someone named Shabrama) so he asked him If he undertook Hajj himself, the man replied with a no, the prophet told him that he should do it for himself first, then on behalf of someone.
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Abu Dawood and others
Scholars from the permanent committee said:
A woman can pilgrim for a man, just as a man can pilgrim for a woman.
“And Hajj al badal of someone is allowed, as long as the substitute has completed the rites for themselves, so is the case when you pay a woman to pilgrim on your mother’s behalf, for the substitution process in Hajj for both men and women is allowed; as there presents evidence about the prophet regarding the matter.
Hajj al badal of someone is for the bodily disabled, chronically ill, or the deceased. It is not intended for the poor or the politically impaired.
Al-Nawawi said:
“The consensus is that substitution in Hajj is for the dead or the incurably ill, as the following Hadith (A quoting from Prophet Mohammad) proves:
Abdullah bin Buraydah narrated of his father, that a woman came by and told the prophet (PbUH) that she gave her mother a servant as charity and she passed away. He told her that she should be rewarded, and that reward is her mother’s inheritance. She proceeded to ask if she should fast a month that her mother should have in her stead, the prophet (PbUH) replied with a yes, the woman then asked if she should go to Hajj in her mother’s stead, who never did it herself, and the prophet (PbUH) answered with an affirmation that she should.
(Muslim 1194)
Al-Hafith Ibn Hajar said:
“Those who allowed Hajj al badal of someone agreed that it is only sufficient for a case of death or complete disability. Therefore, the sick is not eligible since they can be cured, nor the crazy since they can go back to their right mind, nor the incarcerated since they can be released, and nor the poor, for they can become able financially.
In Islam, Hajj cannot be performed in the stead of someone who is able to do it physically themselves.
Ibn Qudama said: “Hajj that is a must and cannot be done in the stead of that who is able themselves.”
Scholars from the permanent committee said:
A woman can pilgrim for a man, just as a man can pilgrim for a woman.
“And Hajj al badal of someone is allowed, as long as the substitute has completed the rites for themselves, so is the case when you pay a woman to pilgrim on your mother’s behalf, for the substitution process in Hajj for both men and women is allowed; as there presents evidence about the prophet regarding the matter.
A Fatwa (Islamic legal opinion) from Dr. Nouh Al-Qudah, the Kingdom’s former Mofti:
Question
If a person performed Hajj instead of a deceased, is the latter back as he was born? (In reference to the absolution of sins after doing the Hajj)
Answer
If a person must perform the Hajj but passed away, then their heirs must hire someone to do it in his stead, the fees has to be from the deceased’s inheritance. If the deceased left nothing behind, the heirs can pay the fees out of their own money, only then is theHajj fulfilled. As for the case of absolution of sins, that is solely up to Allah. Prophet Mohammad (PbUH) said that whoever performs Hajj and does not sin is forgiven from his sins like he was just born. (Bukhari and Muslim), and that means that Allah will forgive him from his sins against Allah, as for his wrongdoings against other people, they must be atoned for.
General ifta’a Department / Fatwa of Dr. Nouh Ali Salman