What is the definition of Hajj al-Badal

Hajj al-Badal is when a qualified person performs the Hajj on behalf of a deceased person, a person who is permanently disabled, or a person who is ill with an illness that makes it difficult to perform the rituals.

The word “Badal” in the language means: something else, something taken as a substitute for it.

Hajj al-Badal is the Hajj for someone who is unable to perform Hajj himself due to a chronic illness or old age and has money to pay someone to perform Hajj on his behalf, so he must perform Hajj because he is able to perform Hajj on behalf of someone else, just as he is able to perform it himself, so he must perform Hajj.

(Al-Muhadhdhab fi Fiqh al-Imam al-Shafi’i by al-Shirazi, with modifications: 1/364)

● What is the evidence for the permissibility of representation (performing on behalf of someone else) in Hajj?

First: Al-Bukhari said (Chapter: Hajj on behalf of one who is unable to stay on the mount) and he mentioned in it on the authority of Ibn Abbas, may God be pleased with them both, who said: A woman from Khatham came in the year of the Farewell Pilgrimage and said: O Messenger of God, God’s obligation upon His servants in Hajj has caught up with my father, an old man who is unable to stay on the mount. Will it be sufficient for me to perform Hajj on his behalf? He said: Yes.

(Sahih Al-Bukhari, Hadith No.: 1854)

Secondly: The Hadith of Ibn Abbas, may Allah be pleased with them: The Messenger of Allah, may Allah bless him and grant him peace, heard a man saying: Labbayka on behalf of Shubrumah, so he said: Who is Shubrumah? He mentioned a brother of his or a relative, he said: Have you ever performed Hajj? He said: No, he said: Then do this on your behalf, then perform Hajj on behalf of Shubrumah.

(Sahih: Sunan Abi Dawud No.: 18113)

The Hadith is clear in the permissibility of the issue of representation in Hajj.

Third: The hadith of Ibn Abbas, may Allah be pleased with them, that a woman from Juhayna came to the Prophet, may Allah bless him and grant him peace, and said: My mother vowed to perform Hajj, but she did not perform Hajj until she died. Should I perform Hajj on her behalf? He said: Yes, perform Hajj on her behalf. Tell me, if your mother had a debt, would you be able to pay it? Pay it to Allah, for Allah is more deserving of fulfillment. (Sahih Al-Bukhari, Hadith No.: 18521)

On whose behalf can Hajj be performed

On behalf of the deceased or the permanently disabled.

Is it required that the deceased has given permission to someone else to perform Umrah or Hajj on his behalf after his death

It is not required. Rather, permission must be given from the person on whose behalf Hajj is being performed if he is alive and unable to perform Hajj himself.

As for the deceased, Hajj is performed on his behalf without the permission of his family and relatives, whether the Hajj donation on behalf of the deceased is from the heir or from a stranger.

(Majmu' Fatawa Ibn Baz: 16/44)

They used as evidence the hadith of Ibn 'Abbas (may Allah be pleased with them both), that a woman from Juhaynah came to the Prophet (blessings and peace of Allah be upon him) and said: My mother vowed to perform Hajj but she did not perform Hajj until she died. Should I perform Hajj on her behalf? He said: “Yes, perform Hajj on her behalf. Tell me, if your mother had a debt, would you be able to pay it? Pay it to Allah, for Allah is more deserving of fulfillment.” (Sahih Al-Bukhari, Hadith No. 1852).

The Prophet, may Allah bless him and grant him peace, did not ask her whether he was an heir or not. This indicates that Hajj on his behalf is valid.

Will the reward of the service seeker be reduced or will God write the full reward for him

If the intention is correct, then Allah's grace is vast.

Ibn Hazm (may Allah have mercy on him) said: And through the path of Yazid ibn Zurai' from Dawud that he said, I said to Sa'id ibn al-Musayyib: O Abu Muhammad, for which of them is the greater reward, for the pilgrim or for the one for whom the pilgrimage is performed? So Sa'id said: Allah the Most High is vast for both of them.

Abu Muhammad (i.e. Ibn Hazm) said: Sa'id spoke the truth - may Allah have mercy on him. (Al-Muhalla by Ibn Hazm al-Andalusi 5/39)

Is it permissible for the agent or company to take money from the person on whose behalf the statute is being enforced, then give that agent a smaller sum of money to another representative

This is permissible under certain conditions:

1- The person delegating should not be misled into thinking that he will perform Hajj himself.

2- The person delegating should not have stipulated that the person delegating should perform Hajj or Umrah himself.

Allamah Ibn Uthaymeen (may Allah have mercy on him) said: It is not permissible for someone who has been delegated to delegate someone else to do it, whether for a small amount or a large amount, except with the consent of the person who gave it to him and after consulting his owner. (Majmoo’ Fatawa wa Rasa’il Ibn Uthaymeen 21/174)

Is it permissible to perform Hajj on behalf of someone who is able to perform Hajj himself

It is not permissible to perform Hajj on behalf of someone who is able to perform Hajj physically.

Ibn Qudamah (may Allah have mercy on him) said: “It is not permissible to appoint someone who is able to perform Hajj on his behalf to perform the obligatory Hajj, according to consensus. Ibn al-Mundhir said: The scholars are unanimously agreed that if someone who is obligated to perform Hajj on his behalf and is able to perform Hajj, it is not permissible for someone else to perform Hajj on his behalf.” (al-Mughni 3/185)

Hajj on behalf of someone who is sick with an illness from which there is no hope of recovery, or someone who is physically incapable, or someone who has died, but not the poor or someone who is incapable with an incapacity that is hoped to go away, or someone who is sick with an illness from which there is hope of recovery.

al-Nawawi (may Allah have mercy on him) said: The majority of scholars are of the view that it is permissible to perform Hajj on behalf of someone who is dead or someone who is incapable of recovery. (Sharh al-Nawawi ‘ala Muslim 8/27)

al-Hafiz Ibn Hajar (may Allah have mercy on him) said: Those who permit Hajj on behalf of someone else are agreed that it is not permissible to perform Hajj on behalf of someone who is obligated except in the case of death or paralysis, so it does not include the sick person, because there is hope of his recovery, nor the insane person. Because it is hoped that he will recover, nor the imprisoned person, because it is hoped that he will be released, nor the poor person, because it is possible that he will become independent. (Fath Al-Bari 4/70)

In the fatwas of the scholars of the Permanent Committee: If the person on whose behalf Hajj is intended is unable to perform Hajj due to an emergency that is hoped to go away, such as an illness from which recovery is hoped, or a political excuse, or the unsafety of the road, and the like, then Hajj is not sufficient on his behalf. (Fatwas of the Permanent Committee 11/51)

What is the evidence for the permissibility of performing Hajj on behalf of the deceased

There is much evidence for the permissibility of appointing a representative to perform Hajj, and we will suffice with some of that evidence:

Among the evidence for the permissibility of this is the following:

First: On the authority of Abdullah bin Buraidah, on the authority of his father, may Allah be pleased with him, he said: While I was sitting with the Messenger of Allah, may Allah bless him and grant him peace, a woman came and said: I gave my mother a slave girl as charity, and she died. He said: Your reward is due, and the inheritance has returned it to you. She said: O Messenger of Allah, she was required to fast a month, so should I fast on her behalf? He said: Fast on her behalf. She said: She never performed Hajj, so should I perform Hajj on her behalf? He said: Perform Hajj on her behalf. (Sahih Muslim Hadith No. 1149)

Secondly: On the authority of Ibn Abbas, may Allah be pleased with him, that a woman from Juhayna came to the Prophet, may Allah bless him and grant him peace, and said: My mother vowed to perform Hajj, but she did not perform Hajj until she died. Should I perform Hajj on her behalf? He said: Yes, perform Hajj on her behalf. Tell me, if your mother had a debt, would you be able to pay it? Pay it to Allah, for Allah is more deserving of fulfillment. (Sahih Al-Bukhari, Hadith No. 1852)

The majority of scholars have said that it is permissible to delegate someone to perform Hajj. (Al-Mughni by Ibn Qudamah 3/222)

What is the ruling on acting on behalf of a living person if he is sick or unable to perform Hajj or Umrah himself

Whoever is financially capable but physically incapable due to a permanent disability such as old age or an incurable illness, it is permissible to delegate someone else to perform Hajj on his behalf, and this is the view of the majority of jurists.

(Encyclopedia of Public Issues in Islamic Jurisprudence 1/340)

Note:

If a person is sick with an illness from which he is expected to recover, it is not permissible for him to delegate someone else to perform Hajj on his behalf.

It was stated in the Fatwas of the Permanent Committee: “It is permissible for a Muslim who has performed the obligatory Hajj on his own behalf to perform Hajj on behalf of someone else if that other person is unable to perform Hajj himself due to his old age or an incurable illness or because he is dead; this is based on the authentic hadiths that have been narrated on this matter. However, if the person on whose behalf Hajj is intended is unable to perform Hajj due to an emergency that is expected to go away, such as an illness from which he is expected to recover, a political excuse, or the unsafety of the road, etc., then Hajj on his behalf is not valid.” (Fatawa al-Lajnah al-Daa’imah 10/61)

If a sick person appoints someone to perform the obligatory Hajj and then recovers from his illness, is he obligated to perform Hajj on his own behalf or is the Hajj obligation waived for him

Scholars have differed on this issue with two opinions. The most correct opinion is that he is not required to perform Hajj on his own behalf again.

This is the Hanbali school of thought and this opinion was chosen by Sheikh Ibn Uthaymeen, may Allah have mercy on him.

(Al-Sharh Al-Mumti’ 7/35)

Their evidence is that he did what he could in that situation. He performed an act of worship at the time when it was obligatory, thinking that it was obligatory upon him; so it is sufficient for him, even if it later becomes clear that what was obligatory was something else.

(Kashaf Al-Qina’ by Al-Buhuti 2/391)

Is it permissible for someone who is physically able to delegate someone else to perform the obligatory Hajj

It is not permissible for a person who is physically able to delegate someone to perform the obligatory Hajj on his behalf, according to consensus.

Ibn al-Mundhir, may God have mercy on him, said: They agreed that if a person is obligated to perform the Hajj of Islam and is able, it is not permissible for him to perform it himself, and it is not permissible for someone else to perform it on his behalf. (Al-Ijma’, p. 59)

What is the ruling on a prisoner performing Hajj on his behalf

f the prisoner is sentenced to life imprisonment, and he thinks that his imprisonment will continue until his death, then in this case he is treated as a sick person who is not expected to recover, and he is unable to perform Hajj on his own. It is permissible to perform Hajj on his behalf. However, if the prisoner is sentenced to temporary imprisonment, then in this case he is treated as a sick person who is not expected to recover. It is not permissible to appoint someone to perform Hajj on his behalf, even if the prison term is long, because representation is not mentioned in the Sharia except for someone whose inability continues. (See the book: Al-Lubabah fi Ahkam Hajj al-Niba’ah)

What is the ruling on a person performing Hajj on behalf of someone who is disabled, such as someone who is paralyzed

Sheikh Ibn Baz (may Allah have mercy on him) said: If you are able to perform Hajj, then you must perform Hajj, because Allah the Almighty says: {And Hajj to the House is a duty that mankind owes to Allah, those who can afford the expenses (for one's personal expenses)} [Al-Imran: 97]. However, if the paralysis that you have prevents you from being able to do so, because you cannot walk, or you cannot ride, as you are not able to go to Makkah, because of the paralysis that has afflicted you, then your ruling is the ruling of a sick person who is not expected to recover, and the ruling of an elderly person who is unable to travel. You appoint someone to perform Hajj on your behalf if you are able to afford it, then you appoint someone to perform Hajj on your behalf, and praise be to Allah. However, if you are able to go yourself, then you must perform Hajj on your own like all other Muslims. (Fatawa Noor Ala Ad-Darb by Sheikh Ibn: 17/146-147).

Sheikh Ibn Uthaymeen, may God have mercy on him, said: There is nothing wrong with performing Hajj on behalf of this paralyzed person who has despaired of his ability to perform Hajj in the future. (Lessons of Sheikh Uthaymeen 2/23).

● What is the ruling on a man acting on behalf of a woman and a woman acting on behalf of a man in Hajj?

It is permissible for a man to perform Hajj on behalf of a woman and for a woman to perform Hajj on behalf of a man, according to the consensus of the schools of jurisprudence. The strongest evidence is the hadith of Abdullah ibn Abbas (may Allah be pleased with them both), on the authority of the Prophet (blessings and peace of Allah be upon him): A woman from Khatham came to him to ask him for a fatwa. She said: O Messenger of Allah, Allah’s obligation upon His slaves regarding Hajj has made my father an old man who cannot stay on his mount. Should I perform Hajj on his behalf? He said: Yes. (Narrated by Al-Bukhari: 1442, Muslim: 1334).

Here the Prophet (blessings and peace of Allah be upon him) has given permission for a woman to perform Hajj on behalf of her father.

Ibn Qudamah, may God have mercy on him, said: It is permissible for a man to represent a man and a woman, and a woman to represent a man and a woman, in the Hajj, according to the majority of scholars. There is no knowledge of that. (Al-Mughni 5/27)

If a woman does not find a mahram for Hajj, is it permissible for her to appoint someone to perform Hajj on her behalf

If a woman does not find a mahram to perform Hajj with her, then she is not obligated to perform Hajj in this case, even if she is financially and physically able to do so, as long as she hopes to find a mahram, even if it is after some time, because representation in Hajj has only been mentioned for someone who is permanently unable.

Ibn ‘Uthaymeen (may Allah have mercy on him) said: Part of that, i.e., part of being able to perform Hajj, is for a woman to have a mahram. If a woman does not have a mahram, then she is not obligated to perform Hajj, even if she is forty or fifty years old or more. So let her enjoy her well-being and not be sad, because Hajj is not obligatory upon her in the absence of a mahram. If she were to meet her Lord, she would meet her Lord, not disobeying in abandoning Hajj, rather she is obeying the command of the Prophet (blessings and peace of Allah be upon him and his family) when he said: A woman should not travel except with a mahram. (Al-Liqa’ Al-Maftuh: 7/72)

What is the ruling on performing Hajj on behalf of the insane, the mentally ill, and the senile

Among the scholars’ consensus is that the insane person is not obligated to perform Hajj himself, according to the text and consensus.

As for appointing someone to perform Hajj on behalf of the insane person, there are two opinions of scholars: The first opinion: They said that Hajj is not permissible on behalf of the insane, the mentally retarded, or the senile, and this is the Hanbali school of thought (Al-Mubdi’ Sharh Al-Muqni’ by Burhan Al-Din Ibn Muflih: 26/3).

They cited as evidence the hadith of Aisha (may Allah be pleased with her) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “The pen has been lifted from three: from the sleeper until he wakes up, from the young until he grows up, and from the insane until he comes to his senses or recovers.” (Sahih: Narrated by Abu Dawud 4398, An-Nasa’i: 3432, and Ibn Majah: 2041)

This is a clear and authentic proof that the insane are not among those who are accountable.

Ibn Hajar (may Allah have mercy on him) said: Those who permit representation in Hajj agree that representation is not sufficient in the obligatory Hajj except in the case of death or injury. This does not include the sick person because it is hoped that he will recover, nor the insane person because it is hoped that he will recover, nor the imprisoned person because it is hoped that he will be released, nor the poor person because it is possible for him to become independent, and Allah knows best. (Fath Al-Bari (4/70)

The second opinion: They said: Hajj is permissible on behalf of the insane, the mentally retarded, and the senile. This is the view of the majority, and it was chosen by the contemporary scholar, the scholar Ibn Baz.

The majority used analogy as evidence for the validity of the Hajj of a boy who does not distinguish, if his guardian enters ihram on his behalf.

Because it was proven from Ibn Abbas, may Allah be pleased with them both, that the Prophet, may Allah bless him and grant him peace, met a group of people in Ar-Rawha’ and said: “Who are these people?” They said: “The Muslims.” They said: “Who are you?” He said: “The Messenger of Allah.” A woman brought a boy to him and said: “Is there a Hajj for this one?” He said: “Yes, and you will have a reward.” Narrated by Muslim: 1339)

Sheikh Abdul Aziz bin Baz, may God have mercy on him, said: .... If the father is insane or has lost his mind without being insane, then there is nothing wrong with him performing Hajj on his behalf, or his son performing Hajj on his behalf out of kindness to him, whether the father is a father or a mother, because Hajj is not valid for an insane person if he performs it himself, so the Hajj of an insane or imbecile is not valid if he performs it himself. However, if someone else performs Hajj on his behalf, then there is nothing wrong with that, and he does not have to perform an obligatory Hajj. If he reaches puberty while insane, then there is no Hajj on him. However, if his son or brother, or someone else performs Hajj on his behalf, then there is nothing wrong with that and he will have the reward for that (Fatawa Noor Ala Al-Darb by Ibn Baz, with the care of Al-Shuway’ir 17/73).

What is the ruling on appointing a representative for Hajj if it is a voluntary Hajj

There are two opinions of scholars: The first opinion: It is valid for the able-bodied person, and even more so for the incapable person: to appoint someone to complete the actions of Hajj on his behalf if it is a voluntary Hajj, because it is permissible to appoint someone to perform it in general; It is permissible in voluntary Hajj, and this is the doctrine of the Hanbalis and the doctrine of the Hanafis. (Al-Mughni, by Ibn Qudamah (3/224)

The second opinion: It is not valid for the capable person or anyone else to appoint someone to perform Hajj if it is voluntary, because this is an act of worship that requires evidence. So if permission is given for an obligatory Hajj, then we limit ourselves to what is stated in the text and do not extend that to voluntary Hajj. It has not been proven from any of the Companions - may God be pleased with them - that he would appoint someone to perform Hajj or complete it on his behalf. This is the view of Imam Ahmad in one of the two narrations from him, and it is the view of Al-Shafi’i. (Al-Mughni by Ibn Qudamah (3/224)

What is the ruling on the service provider if he neglects some of the Hajj duties or does some of the forbidden things

If the service provider neglects some of the Hajj duties, such as spending the night in Muzdalifah, spending the night in Mina, or stoning the Jamarat, he - i.e. the representative - must offer a blood sacrifice for each duty he neglected, and the Hajj is valid. If he committed a prohibited act of ihram, he must offer a ransom according to the type and number of prohibited acts, and the Hajj is valid. Any ransom that the representative must offer for neglecting an obligation or committing a prohibited act is obligatory on him, not on the one he delegated, whether he performed Hajj with or without a contract. As for the blood sacrifices of Hajj, such as the blood sacrifices of Tamattu' or Qiraan, if he was hired for a stipulated wage, then the representative is also obligated to pay them. (Quoted from the book Al-Lubabah fi Ahkam Al-Inaba)

Ibn Qudamah, may Allah have mercy on him, said in Al-Mughni, while talking about the one hired for Hajj: And whatever blood sacrifices he is obligated to pay, because Hajj is upon him. (Al-Mughni: 5/25)

What is the ruling on a service provider spoiling Hajj

Whoever acts on behalf of someone else to perform Hajj or Umrah, and then neglects it, is liable. If he spoils his Hajj by omitting one of the pillars of Hajj or by having sexual intercourse, he is liable for what is due to someone else whose Hajj he spoiled. He completes his spoiled Hajj, and he must make up for this spoiled Hajj from his own money, because he is the one who caused it to be spoiled by having sexual intercourse. He is also required to return the money he took from the one who acted on his behalf if he asks him for it, because he caused the Hajj to be delayed for two years, the year of the spoiled Hajj and the year of making up for it. So the hirer has the option, and because by deliberately spoiling the Hajj, he casts doubt on his own justice. (Tashil al-Fiqh: 194)

He said in al-Majmu’: Branch: If the hired person has sexual intercourse while he is in a state of ihram before the first release, his Hajj is spoiled, and the Hajj is his, so he must pay the ransom from his own money, continue with his spoiled Hajj, and make up for it. This is the correct and well-known view, and the majority have decided on it. (al-Majmu’: 7/134)

Is it permissible for someone who is physically able to delegate someone else to perform the obligatory Hajj

There are three opinions of scholars on this issue:

The first opinion: It is permissible to perform voluntary Hajj on behalf of someone else absolutely, whether the person on whose behalf the Hajj is being performed is dead or alive, and whether he is unable or able.

This is the opinion of the majority.) Kuwaiti Encyclopedia of Jurisprudence 17/77) and it is the choice of Sheikh Al-Albani (may Allah have mercy on him).

The second opinion: It is permissible to appoint someone to perform Hajj on behalf of a dead person or a living person who is physically unable to perform it permanently, like the obligatory Hajj. This is the opinion of the Shafi’is. (Kuwait Encyclopedia of Jurisprudence 17/77)

This is the choice of Sheikh Ibn Baz (may Allah have mercy on him).

The Sheikh Ibn Baz (may Allah have mercy on him) was asked: My mother performed Hajj seven times, so is it permissible for me to perform Hajj on her behalf or not? He (may Allah have mercy on him) said: Yes, it is permissible for you to perform Hajj on her behalf for an eighth Hajj or more, and this is from being dutiful to her, and you will have a great reward for that if you have performed Hajj on your own behalf, and she has passed away or is unable to perform Hajj due to old age or an incurable illness, and I ask Allah the Almighty to grant me and you understanding of His religion and steadfastness in it. (Majmoo’ Fataawa Ibn Baz 16/405)

The third opinion: They said: It is not permissible to delegate someone to perform a voluntary Hajj at all, and this is the opinion of the Malikis. (Mawaahib al-Jalil 4/3)

And it is the choice of the scholar Ibn Uthaymeen (may Allah have mercy on him).

Sheikh Ibn Uthaymeen (may Allah have mercy on him) said: What is closest to the truth, without a doubt, in my opinion is that delegation to perform a voluntary Hajj is not valid for either the incapable or the able. (Majmoo’ Fataawa wa Rasa’il al-Uthaymeen 21/141)