The Ruling on someone who is able to perform Hajj appointing someone else.

Question

The Permanent Committee for Scientific Research and Religious verdicts received the following question:-

There is a man of healthy body who wants to appoint someone to perform Hajj for himself. Is this Hajj correct?


Answer


It is not permissible for someone who is able to perform Hajj to appoint someone else to perform the Hajj that is obligatory upon him, according to the consensus of the scholars. Ibn Qudamah said in Al-Mughni: "It is not permissible for someone who is able to perform Hajj to appoint someone else to perform Hajj for himself, according to the consensus (ljma' of the scholars)." Likewise, it is not permissible for him to appoint someone else to perform a voluntary Hajj for him, according to the correct view. This is because Hajj is an act of worship and the fundamental principle regarding the acts of worship is At¬-Tawqeef (i.e., they can only be practiced based upon evidence from the Qur'an and Sunnah). There is nothing reported in the Islamic law, as far as we know, that proves this act. It is confirmed from the Prophet (Sallallahu 'Alayhi wa Sallam) that he said:

"Whoever introduces into this matter of ours that which is not of it, then it is rejected.” (Al-Bukhari no 2697 and Muslim no 1718)

In another wording he (Sallallahu 'Alayhi wa Sallam) said:

"Whoever does any deed that is not in accordance with our matter, then it is rejected. (Muslim no 1718)

Likewise, His Eminence, Ash-Shavkh 'Abdul-'Aziz bin Baz (Rahimahullah) was asked: "Is it permissible for someone who has performed the obligation of Hajj to appoint someone to perform an optional Hajj on his behalf while he himself is able to perform Hajj?"

The Shaykh responded by saying: "There is a difference of opinion between the people of knowledge regarding this issue.

What seems most apparent is that it is not permissible, because the allowance of this has only been reported concerning performing Hajj for the deceased, the extremely old person and the person who is unable to perform Hajj. The sick person who is not expected to recover has the same ruling. The basic principle is not to appoint someone else in performing the acts of worship; therefore, it is obligatory to remain upon that principle. And Allah is the Giver of success."


Ash-Shaykh Ibn Baz (Rahimahullah)


His Eminence, Ash-Shaykh Muhammad bin 'Uthaimin (Rahimahullah)was asked about this same matter:

"A woman wants to appoint a man to perform Hajj for her due to his knowledge and her trust in him that he will perform the rites of Hajj completely, and due to her having very little knowledge about the rites of Hajj. Also, she fears for herself (in performing Hajj) regarding the situation of the monthly menstrual bleeding and other things and so that she can take care of her children and look after them in the house. Is this permissible Islamically?"

The Shaykh answered: "Someone appointing a person to perform Hajj on his behalf must be regarding two situations. The first situation is that it is for an obligatory Hajj. The second situation is that it is for a voluntary Hajj.

If it is for an obligatory Hajj, it is not permissible for a person to appoint someone else to perform Hajj and 'Umrah for him unless he is in a situation where he is not able to get to the House (the Ka'bah) himself due to continuous illness that he may not recover from or old age or something similar. If it is hoped that he will recover from this illness, then he should wait until Allah cures him and then perform the Hajj himself. If there is nothing with him preventing from Hajj, and he is able to perform Hajj for himself, it is not allowed for him to appoint someone else to perform the Hajj rites for him. This is because he is personally requested to perform Hajj. Allah, the Most High, said:

"And Hajj (pilgrimage to Makkah) to the House (the Ka'bah) is a duty that mankind owes to Allah, those who can find a way there.” (Surah Aal-‘Imran 3: 97)

The intent of the acts of worship is that the person performs them himself so that the aspects of worship and submission to Allah will be fulfilled for him. It is known that whoever appoints someone else, then he does not achieve this great meaning for which the acts of worship have been legislated.

The second situation is that it is for a voluntary Hajj, meaning that the person has already performed the obligatory Hajj and he wants to appoint someone to perform Hajj or 'Umrah for him. Concerning this matter there is a difference of opinion among the people of knowledge. Among them there are those who permit it and among them there are those who prohibit it. That which seems closest to what is correct with me is prohibition and that it is not permissible for anyone to appoint someone to perrform Hajj or 'Umrah on his behalf if that is voluntary. This is because the basic principle concerning acts of worship is that the person performs them by himself.

This is just as the person does not appoint someone to fast for him, even though if a person dies and he owes an obligatory fast, his guardian or successor fasts on his behalf. The same is true concerning the Hajj, and the Hajj is an act of worship that the person is to perform with his body. Wealth given to someone else is not the intent of it. Since it is a bodily act of worship that the person performs with his body, it is not correct that someone else perform it for him, except concerning what the Sunnah has reported. However, the Sunnah has not related anything concerning the person performing a voluntary Hajj on behalf of someone else. This is one of the two statements reported from Ahmad. I mean that it is not correct for the person to appoint someone else to perform a voluntary Hajj or 'Umrah for him, regardless of whether he is able to do it himself or not.

So, if we go by this statement, this becomes an encouragement to the wealthy people who are able to perform Hajj for themselves, because some people pass many years without even going to Makkah. They do this relying upon the act of appointing someone to perform Hajj for them every year. Thus, the person misses Hajj because he has appointed someone else to perform Hajj for him. And Allah knows best.


Ash-Shaykh Ibn 'Uthaimin (Rahimahullah)


Reference: Fatawa Islamiyah Volume 4 Pages 64-68