What is 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.

In the language: Badal of something: meaning he changed it, and took a substitute for it.

Hajj al-Badal: is the Hajj for someone who is unable to perform Hajj himself due to a chronic illness that accompanies him or his old age and he 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 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 legitimacy of representation in Hajj

There is much evidence for the legitimacy of appointing someone to perform Hajj or Umrah on behalf of someone else, including the following:

First: Al-Bukhari said (Chapter: Hajj on behalf of someone who is unable to stay on the mount) and he mentioned in it on the authority of Ibn Abbas, may Allah be pleased with them both, who said: A woman from Khatham came in the year of the Farewell Pilgrimage and said: O Messenger of Allah, Allah’s obligation upon His servants in Hajj has caught up with my father, an old man who is unable to sit on the mount. Is it permissible to Is it permissible 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 both): The Messenger of Allah (blessings and peace of Allah be upon him) heard a man saying: Labbayka on behalf of Shubrumah. 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.

What are the service provider's terms and conditions

To be a Muslim, adult, sane and free.

It is stated in the Fatwas of the Permanent Committee: Whoever wants to appoint someone to perform Hajj should ensure that the person he appoints is religious and trustworthy, so that he can be assured that he will perform his duty.

(Fatwas of the Permanent Committee: 11/52)

Is it permissible to act as a representative for a discerning minor

The public opinion is that the representation of a minor is not legitimate, even if he is discerning. (See: Al-Mughni by Ibn Qudamah 3/247)

Is it required for the service provider to have performed Hajj on his own behalf

Yes, he must have performed Hajj on his own behalf, and this is the opinion of the majority.

(Transmitted by Al-Hafiz Ibn Hajar in Fath Al-Baari: 4/69).

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

(Majmoo’ Fatawa wa Rasa’il Al-‘Allamah Ibn Uthaymeen: 21/157)

It is also what the Permanent Committee issued a fatwa on, saying: It is not permissible for a person to perform Hajj on behalf of someone else before performing Hajj on his own behalf.

(Fatawa Al-Lajnah Al-Da’im: 11/50)

Among the evidence for that is the following:

The hadeeth of Ibn ‘Abbaas (may Allah be pleased with him): The Messenger of Allah (blessings and peace of Allah be upon him) heard a man saying: “Labbayk on behalf of Shubrumah.” 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 Dawood No. 1811)

Al-San’ani, may God have mercy on him, said: It is not valid for someone who has not performed Hajj for himself to perform Hajj on behalf of someone else.

(Subul Al-Salam by Al-San’ani: 1/610)

Is it permissible for a poor person who is not obligated to perform Hajj due to his poverty to represent someone else

Some scholars have permitted it and it is narrated from Imam Ahmad.

(Al-Mughni by Ibn Qudamah Al-Maqdisi: 5/42)

Allama Ibn Uthaymeen (may Allah have mercy on him) said: If he appointed a poor person to perform Hajj on his behalf, it would suffice, because Hajj is not obligatory upon him, so he is like a rich person who performed Hajj on his own behalf. Some scholars have prohibited this, but rather he must have performed Hajj on his own behalf before.

(Al-Sharh Al-Mumti’ 7/31)

Some have not permitted this, but rather the person providing the service must have performed Hajj before.

(See the book: Al-Lubabah fi Ahkam Al-Inaba, p. 69)

Is it required that the service provider performs Ihram from the same Miqat of the country on whose behalf the Hajj or Umrah is performed

This is not a condition.

Allama Al-Saadi, may God have mercy on him, said: The correct opinion, which is without doubt, is that it is not necessary for the representative to be from the country of the one being represented, and requiring this is a weak opinion for which there is no evidence.

(Al-Mukhtaarat Al-Jaliyyah, p. 64)

This opinion was also chosen by Al-Allama Ibn Uthaymeen, may God have mercy on him. (Al-Sharh Al-Mumti’ 7/23)

Does the service provider get the same fee as the person he is representing

Yes, 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 Hajj 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 only one person to perform Hajj on behalf of a group in one year?

As if he intends to perform Hajj on behalf of someone, another one, and a third one in one year?

This is not permissible and is not valid.

Al-Nawawi, may God have mercy on him, said: If two men hire him to perform Hajj on their behalf and he enters ihram on both of their behalf, his ihram is valid for himself as a voluntary act and the Hajj is for himself, not for one of them. (Al-Majmu’ 7/138)

prevent him from completing the rituals) or dies after taking money from the person on whose behalf the Hajj is being performed, what is the ruling on the money he took

If he is confined, dies, or falls ill, he is not liable for what he spent. If the money is lost without any negligence on his part, he is not liable nor is he liable for any damages.

Some have said that he is liable for that money. (See the issue in Sharh Umdat al-Fiqh by Ibn Taymiyyah 4/137)

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)

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)

How should the intention be for the service provider to represent the person he represents

It is required that the intention be on behalf of the person for whom Hajj is being performed when entering ihram, because the service provider is performing Hajj on behalf of someone else, not himself.

How to make the intention is to say: “Labbaik on behalf of so-and-so” and name him, based on the hadith of the companion before the Prophet, may God bless him and grant him peace, when he said “Labbaik on behalf of Shabramah.”

If he forgets the name of the person for whom Hajj or Umrah will be performed, then he should make the intention on his behalf, and this is sufficient.

It is stated in the fatwas of the Permanent Committee: Hajj on behalf of someone else is sufficient to make the intention on his behalf, and it is not necessary to name the person for whom Hajj is being performed, neither by his name alone nor by his name and the name of his father or mother. If he says his name at the beginning of ihram or during the talbiyah or when slaughtering the sacrificial animal if he is performing tamattu’ or qiran – then that is good; Because Abu Dawud and Ibn Majah narrated, and Ibn Hibban authenticated it, on the authority of Ibn Abbas, may God be pleased with him, “that the Prophet, may God bless him and grant him peace, heard a man saying: ‘Labbaik on behalf of Shubramah.’ He said: ‘Who is Shubramah?’ He said: ‘A brother of mine or a relative of mine.’ He said: ‘Did you perform Hajj on your own behalf?’ He said: ‘No.’ He said: ‘Did you perform Hajj on your own behalf, then perform Hajj on behalf of Shubramah.’” (Fatawa al-Lajnah al-Da’im: 11/82)

How does the service provider perform Hajj

First: On the eighth day of Dhul-Hijjah, the service provider enters into ihram and wears the ihram garments, then he declares his intention to perform Hajj on behalf of the person for whom Hajj is being performed, saying: “Here I am, for Hajj on behalf of so-and-so (mentioning his name).”

Second: When the sun rises on the ninth day - which is the Day of Arafah - the pilgrim walks to Arafah, then stands within the boundaries of Arafah until sunset, and devotes himself to supplication for himself and for the person for whom Hajj is being performed, and increases his remembrance, supplication, and reading of the Qur’an.

Third: When the sun sets, he goes to Muzdalifah and increases his Talbiyah, and prays Maghrib and Isha’ prayers there, Maghrib three times and Isha’ two rak’ahs, with one call to prayer and two iqamas, then he sleeps until dawn.

Before the sun rises, he goes to Mina while reciting the Talbiyah, and if he is one of those who have excuses, such as women and the weak, there is no harm in moving in the last half of the night.

Fourth: When he finishes throwing stones, the man shaves his head or shortens it, and shaving is better, and the woman must shorten it without shaving, so she takes from all the ends of her hair the length of a fingertip.

If the pilgrim does that, then he has completed The first tahallul is completed, and all the prohibitions of ihram are permissible for him except women.

After the first tahallul, the pilgrim heads to Mecca to circumambulate the Kaaba with the tawaf al-ifadah.

Fifth: After the tawaf, if the pilgrim is a Mutamati’ pilgrim, he should walk between Safa and Marwah, because his first walk was for his Umrah, and this is the walk of Hajj. As for the Qarin and the Mufrid, they only have to walk once. If he has done it after the tawaf al-qudum, that suffices him from the walk after the tawaf al-ifadah. If he has not done it before, he must walk for Hajj after the tawaf al-ifadah.

If he has done tawaf and sa’i, he will have completed the second tahallul, and everything forbidden to him during ihram is permissible for him, even women.

Then he slaughters his sacrificial animal if he is a Mutamati’ or Qarin.

Then he shaves or shortens his hair. Then he performs the Tawaf al-Ifadah and Sa'i after it if he is required to perform Sa'i. If he performs some of these actions before others, that is sufficient for him and there is no blame on him, because the Prophet (peace and blessings of Allaah be upon him) was never asked about anything on this day that was brought forward or delayed except that he said: Do it and there is no blame on him.

If the pilgrim is unable to perform the Tawaf on the day of Eid, it is permissible for him to delay it until the days of Tashreeq.

After circumambulating the House, the pilgrim returns to Mina to spend the night and throw stones at the Jamarat. He spends the night of the eleventh and twelfth there if he wants to hurry up. If he delays until he spends the night of the thirteenth, that is better, because it is the action of the Prophet (peace and blessings of Allaah be upon him), and because it is more of an action. Spending the night in Mina is an obligation of Hajj and it is not permissible to leave it except for an excuse.

The pilgrim must stone the three Jamarat on the days of Tashreeq, starting with the smallest Jamarat, then the middle one, then the largest one. He throws seven pebbles at each Jamarat in succession, raising his hand and saying Allaahu Akbar with each pebble.

Sixth: It is recommended that he stand facing the Qiblah and supplicate for a long time after throwing the small and middle Jamarat, but he should not stand after throwing the large Jamarat.

The pilgrim must throw the Jamarat himself and not delegate someone else to throw it except for a legitimate excuse, such as if he is sick or weak and cannot throw it, or if the woman is pregnant. As for the strong men and women, it is not permissible for them to delegate someone else to throw it.

The throwing of the Jamarat during the days of Tashreeq is after the sun has passed its zenith, because the Prophet (peace and blessings of Allaah be upon him) did not throw it until after its zenith.

Seventh: If he throws the Jamarat on the eleventh and twelfth days, he has the choice: if he wishes, he can stay in Mina until the thirteenth day, or if he wishes, he can leave it, based on the words of Allah the Most High: {But whoever hastens (to leave) within two days, there is no sin upon him; and whoever delays, there is no sin upon him - for him who fears Allah} (Al-Baqarah: 203). However, if he wants to hasten, he must leave Mina before sunset on the twelfth day.

Eighth: If the pilgrim has completed the rituals of the Days of Tashreeq and wants to leave Mecca for his country, he should not leave until he has performed the farewell circumambulation of the House, based on the saying of the Prophet, may God bless him and grant him peace: “No one should depart until his last circumambulation is at the House.” Narrated by Muslim.

How does the service provider perform Umrah

First: If he reaches the Miqat, he washes himself and cleans himself. Washing for Ihram is recommended for men and women. The man wears the Ihram clothes and enters into the state of Umrah, saying: “Labbayk Umrah on behalf of so-and-so (mentioning the name of the person on whose behalf it will be performed)”. After that, he begins the Talbiyah, saying: “Labbayk Allahumma Labbayk, Labbayk la sharika laka Labbayk, inna al-hamda wal-ni’mata laka wal-mulk, la sharika laka” (Here I am, O Allah, here I am. Here I am, you have no partner, here I am. Indeed, all praise and blessings are yours and all dominion, you have no partner). The man raises his voice, while the woman lowers her voice.

Second: He begins his Tawaf at the Black Stone, touching it with his right hand and kissing it if that is possible. If he is unable to kiss it, he touches it with his hand and kisses his hand. If that is not possible, he points to the Stone from a distance without kissing it, and says when touching the Stone: “In the name of Allah, and Allah is the Greatest.”

Third: He says between the Yemeni Corner and the Black Stone: {Our Lord, give us in this world that which is good and in the Hereafter that which is good and protect us from the punishment of the Fire} (Al-Baqarah: 201).

Fourth: Then he circumambulates the House seven times, beginning and ending at the Black Stone, doing in each round what he did in the first round.

Fifth: He proceeds to the Station of Ibrahim He recites the verse: {And take the station of Abraham as a place of prayer} (Al-Baqarah: 125) and prays two rak'ahs behind the station if possible, otherwise in any place in the mosque, reciting in the first rak'ah after Al-Fatihah {Say: O you disbelievers} and in the second {Say: He is Allah, the One}.

Then he heads towards Al-Mas'a, and when he approaches Al-Safa, he recites the verse: {Indeed, Al-Safa and Al-Marwah are among the symbols of Allah} (Al-Baqarah: 158), and says: "I begin with that with which Allah began."

Sixth: When he completes Al-Sa'i, he shaves his head or shortens it if he is a man, but as for a woman, she shortens it and does not shave, so she takes from all the ends of her hair the length of a fingertip - and a fingertip is the tip of a finger.

Thus, the actions of Umrah are completed, and the pilgrim is thus released from his state of ihram, and what was forbidden to him before due to ihram becomes permissible for him.

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)

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 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)