The Ruling on Performing Hajj on Behalf of Someone Else
প্রশ্ন · Question
Assalamu Alaikum,
Honorable brother, eminent Sheikh Abu Yasin, May
Allah increase you in knowledge and empowerment and grant victory
by your hands.
I have a question I would like to ask your honor. What are the
provisions of Hajj al -Badal (Proxy Hajj) and do they apply to the living
and the dead? For example: A person has previously performed Hajj
and wants to perform Hajj on behalf of a living person in return for the
costs and expenses of Hajj. What is the ruling on performing Hajj al -
Badal of a deceased person? Is a kinship relationship between
individuals required in Hajj Al-Badal?
May Allah increase you in knowledge and empowerment and grant
victory by your hands.
উত্তর · Answer
Wa Alaikum Assalam wa Rahmatu Allahi wa Barakatuh,
Yes, Hajj on behalf of someone else is permissible, taking into account
the following matters:
First: The person performing Hajj on behalf of someone else, must
have performed the obligatory Hajj on his own behalf, and the
evidences for that are:
1- In Sunan al -Daraqudtny (Abu Mohammed bin Saa’ed and Hussein
bin Ismail narrated to us saying: Yaqoob ibn Ibrahim Aldourgui
narrated to us, Hushaym narrated to us, ibn Abu Laila narrated to us
on the authority of Ata on the authority of Aisha that the Messenger of
Allah ﷺ heard a man saying, “Labbayk (Here I am responding to Your
call) on behalf of Shubrumah.” The Messenger of Allah ﷺ asked him:
«وَمَا شُيُْْمَةُ؟ » “Who is Shubrumah?”
The man replied: “My brother or relative”. The Prophet ﷺ asked:
«حَجَجْتَ عَنْ نَفْسِكَ
َ
أ» “Have you performed Hajj for yourself?” He
replied: “No”. The Prophet ﷺ said to him: «فَاحْجُجْ عَنْ نَفْسِكَ ثُمَّ حُجَّ عَنْ
شُيُْْمَةَ » “Perform Hajj for yourself then you may perform Hajj
(pilgrimage) on behalf of Shubrumah.”
2- In Al -Sunan al -Kubra by al -Bayhaqi (Abu Nasr ibn Qatada told us,
Abu Hassan Mohammed bin Hassan As -Sarraj informed us, Mutain
narrated to us, ibn Namir narrated to us, Abdah ibn Sulaiman narrated
to us..., (switch in the chain of narration) and Abu Nasr ibn Qatada told
us, Abu Bakr Muhammad ibn Muhammad ibn Dawood Alsijzei narrated
to us (in dictation), Abdul Rahman bin Mohammed bin Idris Alhandhali
narrated to us, Haroon ibn Ishaaq al -Hamadhani narrated to us, Abdah
ibn Suleiman al -Kilabi from Saeed ibn Abi Arooba, from Qatada, from
Azrah, from Saeed bin Jubair, on the authority of Ibn Abbas that the
Messenger of Allah ﷺ heard a man saying, “Labbayk on behalf of
Shubrumah.” The Messenger of Allah ﷺ asked him: «مَنْ شُيُْْمَةُ؟ » “Who
is Shubrumah?” He replied: “A brother or relative of mine”. He ﷺ
asked:«حَجَجْتَ قَطُّ؟
َ
أ» “Have you performed your own Hajj?” He
replied: “No”. The Prophet ﷺ said to him:
«فَاجْعَلْ هَذِهِ عَنْكَ ثُمَّ حُجَّ عَنْ شُيُْْمَةَ » “Make this Hajj for yourself then
perform Hajj on behalf of Shubrumah.”
This chain of narration is Saheeh, on this topic there is no more
authentic (saheeh) hadith that it, it was narrated by Abu Dawood in
Sunan Isaac bin Ismail and Hannad bin AlSarri from Abdah; Yahya bin
Mueen said: the most accurate listener from Saeed is Abdah bin
Suleiman...) as well as it was narrated by Tabarani in Al -Kabeer from
Saeed bin Jubair on the authority of Ibn Abbas.
Second: It is permissible to perform Hajj on behalf of the deceased if
he did not perform the obligatory Hajj before his death. The evidence
for that is:
1- Al-Bukhari narrated in his Saheeh: (Musa bin Ismail narrated to us,
Abu Awana bin Abu Bishr narrated to us from Saeed ibn Jabir, on the
authority of ibn Abbas that a woman from the tribe of Juhainah came
to the Prophet ﷺ and said:
"My mother had vowed to perform Hajj but she died before fulfilling
her vow, should I perform Hajj on her behalf?
The Prophet ﷺ said:
«حَق
َ
كُنْتِ قَاضِيَةً؟ اقْضُوا اللَّهَ فَاللَّهُ أ
َ
مركِ دَيْنٌ أ
ُ
يْتِ لَوْ كَانَ عَلََ أ
َ
رَأ
َ
ي عَنْهَا. أ
نَعَمْ حُجْر
بِالْوَفَاءِ »
“Yes, perform Hajj on her behalf. Would you not pay off any debts
your mother might have left behind upon her death? Pay off what
you owe to Allah, for He is most deserving of settlement of His debt.”
2- Al-Bukhari narrated in his Sahih: “Adam narrated to us, Shu’bah ibn
Bishr narrated to us, on the authority of Abu Bishr, who said: I heard
Saeed bin Jubair on the authority of ibn Abbas that a man came to the
Prophet ﷺ and said to him: "My sister made a vow to perform hajj and
she died”. The Prophet ﷺ said:
«كُنْتَ قَاضِيَهُ؟
َ
لَوْ كَانَ عَلَيْهَا دَيْنٌ أ » “If she had a loan to pay would you pay it
for her?” He said: “Yes”. He ﷺ said:
«حَقُّ بِالْقَضَاءِ
َ
فَاقْضِ اللَّهَ، فَهْوَ أ » “Pay up to Allah His right, verily He is more
deserving to be paid back.”
To make a vow to perform Hajj means that it was obligatory upon him
to perform Hajj and he did not perform it until he died, and it applies
to every Hajj that is obligatory on a person who did not perform it until
he died, so it is permissible to make it up on his behalf with its
conditions such as paying the debt on his behalf.
Third: As for during one’s life, it is permissible to perform Hajj on
behalf of someone else during his lifetime if one is physically incapable
of performing Hajj, such as being paralyzed, or unable to travel and
return and move... In other words, he does not have physical ability
even if the financial ability is found, for the following evidence:
1- It was related in Sahih al-Bukhari: Abu Asim narrated to us, from Ibn
Jurayj from Ibn Shihab from Suleiman ibn Yasar from Ibn Abbas on the
authority of al-Fadl ibn Abbas, may Allah be pleased with them, that a
woman... (switch in the chain of narration) Musa bin Ismail narrated to
us, Abdul Aziz ibn Abi Salamah narrated to us, Ibn Shihab narrated to
us, on the authority of Sulaiman ibn Yassar on the authority of Ibn
Abbas, may Allah be pleased with them: that a woman from the tribe
of Khath'am came durin g the Farewell Hajj, and said: "O Allah's
Messenger! The command from Allah to His servants to perform Hajj
has come when my father is an old man and cannot sit firmly in the
saddle. Can I perform Hajj on his behalf? He ﷺ said, «نَعَمْ » “Yes.”
2- It was related in Saheeh Muslim: Ali bin Khashram narrated to us, Isa
told us, from Ibn Jurayj from Ibn Shihab, Suleiman ibn Yasar narrated
to us on the authority of Ibn Abbas that a woman from the tribe of
Khath'am said, O Messenger of Allah, my father is an old man and it is
obligatory on him to perform Hajj as prescribed by Allah and he cannot
ride on the camel (for long), so the Prophet ﷺ said: «ي عَنْهُ
فَحُجْر » “then
perform the Hajj on his behalf.”
3- And the hadith of Abu Razeen Al - Uqaili, that he came to the
Prophet ﷺ and he said: My father is an old man who cannot perform
Hajj, Umrah, or Dhaan (nor can be a ride on a mount). He said: «حُجَّ عن
أبيك واعتَمِر »“Perform Hajj and Umrah on behalf of your father.”
Narrated by Ahmad and the authors of the Sunan, and Al-Tirmidhi said:
It is Hasan and Saheeh.”
Fourth: Other related matters:
1- It is not a condition that the pilgrim who performs Hajj on behalf of
someone else is a relative of the person on whose behalf the pilgrim is
performed, rather it is permissible for someone who is not related to
him, and the evidence for this is that the Messenger, may Allah bless
him and grant him peace, made it as debt in his answer to the man and
woman who asked. Paying the debt on behalf of the debtor is
sufficient for the person’s relative and non-relative as long as it is done
with the consent of t his person, and therefore it is not stipulated
relationship in performing Hajj on behalf of others if the conditions of
Hajj on behalf of others are fulfilled.
2- With regard to performing Hajj on behalf of a living person, the
person must authorize someone to perform Hajj on his behalf, because
performing Hajj on behalf of others is in the ruling of acting on
delegation, so it must be with the person’s permission. As for the
deceased person, there is a difference of opinion: some jurists oblige
that he leaves a will for performing Hajj on his behalf, and other jurists
do not stipulate this condition. Rather, they hold that if another person
performs Hajj on his b ehalf without his instruction, then this Hajj is
sufficient, Allah willing, and this is what I prefer because Hajj on behalf
of others was made by the Messenger ﷺ in his hadith as repaying
debt, and debt repayment on behalf of the dead debtor is valid even if
he did not make a will to repay the debt... It is worthy to note that
Shafi’is and Hanbalis hold this opinion; they said as stated in the Al -
Mawsoo'ah Al-Fiqhiyyah (The Kuwaiti Fiqh Encyclopedia): (If a person
dies before performing obligatory Hajj, Hajj must be performed on his
behalf from all his wealth, whether he left a will to that effect or not,
just as all debts are settled from his wealth, whether he le ft a will
regarding them or not.
If he does not have inheritance, it is desirable for his heir to perform
Hajj on his behalf. If the heir performs Hajj by himself on behalf of the
deceased, or if he assigns someone to perform Hajj on his behalf, the
obligation of Hajj is removed from the deceased. It is permissible for a
stranger to perform Hajj on his behalf, even if the heir does not permit
him just as he can pay off his debt without the heir’s permission).
And their reference is the Prophet’s ﷺ comparison of Hajj with debt,
so they applied the provisions of debts on making up for Hajj.
3- The pilgrim who is commanded to perform Hajj on behalf of the
original (person), intends with his heart and says with his tongue: I
entered the state of Hajj on behalf of so -and-so, and Labbayk (Here I
am responding to Your call) for Hajj on behalf of so -and-so... And
pronouncing aloud is better than not pronouncing, but if he only does
the intention in the heart, then it is correct.
4- It is permissible for a pilgrim on behalf of others to take all the
expenses and obligations he needs to perform Hajj in a reasonable
manner.
5- Hajj on behalf of others is only performed on behalf of one and not
on behalf of two or more.
6- The people of honesty and trust should be sought to perform Hajj al-
Badal (Proxy Hajj), and that their intention should be for Allah
Almighty; not profit.
This is what I prefer in this matter and Allah is Most Knowing and Most
Wise.
Your Brother,
Abu Yasin
30th Shawwal 1442 AH
11/06/2021 CE