Performing Hajj on behalf of others

Some people cannot perform Hajj due to physical disability. Each case has its exclusive verdict. 

1. If someone has the financial ability to perform Hajj but is unable to perform it due to sickness or old age, there is consensus among scholars that he must arrange for someone else to perform obligatory Hajj on his behalf. 

2. Abu Hanifa, Ash-Shaf'i, and Ahmad stated that the physical disabled must arrange for someone to perform the prescribed Hajj on their behalf even if they can afford it. Malik was of the opinion that they are not obligated to perform Hajj due to their disability. The Hanafi school agreed with his verdict. 

3. If the physically disabled Muslims can afford the expenses of arranging for a substitute to perform `Umrah or Hajj for the fulfillment of a vow but they cannot find anyone to do it on their behalf, they are absolved of such arrangement. A substitute is forbidden to use the money given to him by the disabled to meet the expenses of Hajj extravagantly or miserly. He should follow a middle course of action in spending it unless he is given a free hand to a sum of money. In such case he is allowed to spend this sum of money, which the disabled gave him saying: Perform Hajj on my behalf using this sum of money, in the way that you think best. If the disabled hires a substitute to perform Hajj on his behalf for a certain fees, he is free to spend it the way he likes, for thus the money becomes his own property. Malik, Ash-Shaf'i, Ibn Al Monzer and Ahmad held the view that it is allowed to hire a substitute to perform Hajj on people's behalf, Ash-Shaf'i and Ahmad were of the opinion that a person must perform his own Hajj while he can before performing it on behalf of others. The Hanafi and Maliki schools held that it is allowed for a person to perform Hajj on behalf of others before they perform their own prescribed Hajj. 

The verdict on the Muslim who does not perform Hajj not withstanding his ability to do so until he finally dies: If the Muslim is capable of performing Hajj yet he does not do it out of negligence or for any other reason until he finally dies, his heirs must take the expenses of hiring a substitute to perform Hajj and Umrah on his behalf out of the patient's wealth. Al Hasan, Tawos, Ash-Shaf'i and Ahmad held this view. Abu Hanifa and Malik held that the heirs must assign this task to a substitute only if the sick person leaves a will to that effect. If the Sick Person makes a request in his will regarding it, then Hajj may be performed, meeting all its costs from one third of the share of his heritage. Al-Shu'aby and Al-Nakh'y hold the same view. Scholars differed as to the place where the substitute pilgrim must declare his intention to visit Mecca for Hajj and Umrah on behalf of the dead person. 

The Hanbali School stipulated declaring this intention at the dead person's home land or a nearby country. If his heritage does not cover the ensuing expenses, the substitute must start his pilgrimage from where the dead person's wealth can easily cover the expenses - Al Hasan and Ishaq held the same opinion. Ash-Shafi'i was of the opinion that it is lawful for the heirs of the sick person to hire a substitute to perform Hajj on his behalf at the Miqat (the specific place where the pilgrim's intention to visit Mecca for Umrah or Hajj must be declared and he must put on Ihram garb). He held this view because a person does not enter the state of Ihram until he reaches the Miqat. If the person dies on his way to perform the prescribed Hajj, his substitute should declare his intention at the place where he died. It is preferred that the son should be the substitute of his parents. If both parents died before performing their obligatory Hajj, their son should substitute them starting with his mother. If only one of them died before performing his/her obligatory Hajj he should first substitute him/her then proceed for supererogatory Hajj on behalf of the one who had performed the prescribed Hajj.

Hajj And Umrah Guides, Pilgrimage Essentials, Mecca & Medina Topics Links:

Advice To Pilgrims | A Step by step Hajj and 'Umrah | Adhkar (Pertaining to the remembrance of Allah) | A Lasting Word For Hajj And 'Umrah | An Account of the Miqat | An Account of visiting the Prophet's Mosque | Ayaam at-Tashreeq | Binding on the pilgrim to refrain from sins | Command about the Menstruating and similar women | Conditional Ihram | Day by Day Rites of Hajj - Day One | Day by Day Rites of Hajj - Day Two | Day by Day Rites of Hajj - Day Three | Day by Day Rites of Hajj - Day Four | Day by Day Rites of Hajj - Day Five | Day by Day Rites of Hajj - Day Six | Day of Arafah | Day to Day Activities of Hajj | Dhabh | Duties of pilgrims at 'Arafah | Entering Mecca | Entering Al-Masjid-al-Haram (the Sacred Mosque) and Tawaf | Errors Often Committed by Pilgrims | Etiquette of Ihram | Etiquette of Visiting the Prophet's (P.B.U.H) Grave | Farewell Pilgrimage of the Messenger of Allah | Farewell Tawaf | Farewell Tawaf is binding on everyone except the menstruating and women with post childbirth bleeding | Fixed time for Hajj | Fixed time for Hajj | Four Khutbahs in Hajj | Hajj in Pre-Islamic Times | Hajj of a woman | Hajj, Umrah & Ziyarah At a Glance | Halq or Qass | Halq or Qasr: Shaving or Clipping | Ihram | Ihram for youngsters | Ihram: Introduction And Significance | Innovations of `Arafah | Innovations Before Ihraam | Innovations of Hajj, `Umra and Visiting Madinah | Innovations of Ihraam and Talbiyyah, etc. | Innovations of Muzdalifah | Innovations of Sacrifice and Shaving the Head | Innovations of Sa'y Between Safaa and Marwah | Innovations of Stoning | Innovations of Tawaaf | Innovations of Visiting Madinat-ul-Munawwarah | Innovations of Visiting Bait-ul-Maqdis | Innovations: Various Innovations | Istilaam | Kinds of Ihram | Leaving Arafah to spend night in Al Muzdalefah | Many `Umrahs after Hajj is not encouraged by the Shari`ah | Maqaam Ibraaheem | Meeqaat | Merits of Hajj | Merits of 'Umrah | Minaa | Neglecting and delaying the throwing of pebbles | No Specific Supplication for Tawaf and Sa'y | Not allowed to shave the beard | Not obligatory to visit the Prophet's Mosque | Objective of Hajj - To seek the Divine Pleasure | Obligations during Hajj and Umrah | Performing Hajj on behalf of others | Permitted and Forbidden things in the State of Ihram | Pilgrim with Sacrificial Animal in the month of Hajj should intend Qiran (accompanied Hajj) and the one | Pillars of Hajj | Prayers at Arafah | Preparations for Hajj, Umrah and travelling to the holy lands | Preparing for Hajj or 'Umrah | Prerequisites and Sunnahs of valid Tawaf | Ramy | Reaching Miqat at a Time other than the Hajj Season | Regulations Concerning Hady (Sacrificial animals) | Restrictions of Ihram | Rites, obligations and Sunnahs of Umrah | Sa'y | Sa'y between Safa and Marwah | Sa'y and its rituals | Sacrificial animals | Shaving or clipping hair | Sunnah and allowed throwing | Sunnahs of Tawaf | Supplication at the beginning of the journey | Supplication on entering the Mosque | Supplications at Arafah | Supplications: Some All-Inclusive Supplications | Supplications: Some Supplications which may Be Recited At 'Arafat, at the Sacred Sites, and at Other Places of Supplication | Talbeeyah | Tawaaf | Tawaaf al-Ifaadah | Throwing Al Jemar | Throwing pebbles on behalf of other people | Types of Hajj | Umrah | Veiling and giving up the display of beauty is compulsory for women | Verdict on spending the night at Mina | Visitation of the Prophet's Mosque | Visiting Al-Masjid Al-Nabawi | Visiting Quba Mosque and Al-Baqi' cemetery | What a Pilgrim should do when he reaches the Miqat | What Is Required of the Pilgrims | What is allowed to a Muhrim | Where to pick the pebbles from and the number and size of pebbles | Woman's Hajj with Mahram, expenses of Hajj, taking husband's permission | Woman may enter into the Ihram in any dress | Wuqoof 'Arafaat | Wuqoof Muzdalifah | Zamzam