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فتاویٰ > Worship > Chapter of Zakaat > Charity of Fitr

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f:221 -    Offering Haj on someone else's behalf
Country : India,
Name : Fahad
Question:     There is an aged person in Hyderabad.  He is ill since some time.  In spite of being affluent, because of illness, that person cannot perform Haj.  That person wants to send some other person on his behalf.  The days for Haj have started and even through private travel operators it is difficult to make arrangements in such a short time, to send somebody now.  Some of this person's relatives live in Jeddah.  He wants to send the amount necessary for Haj to any of his relative in Jeddah to perform a Haj badal on his behalf.  Is this method of performing Haj badal correct?  In light of the importance of the issue and the lack of time, Please reply soon.
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Answer:     Among the permissible reasons for performing Haj on behalf of other (Haj Badal), inability to perform Haj has also been mentioned; which means a disease, which disables a person from performing Haj and there is no hope of the disease improving; also the disease or inability should be permanent, i.e. from the time of sending somebody to performing Haj on one's behalf to the time of the sender's death, this inability and weakness should be present.  As given in Badai'i us Sanai'i, Vol 2, Kitab ul haj, faslun bayanu sharait in niyabati fil haj ,Pg No. 255:

Translation: Among the conditions of Haj Badal is that, the person who is sending somebody for Haj Badal should be unable to perform Haj and that the inability should be from the time of sending somebody for Haj until the death of the sender.

In the same way, it is necessary for the person performing the Haj Badal start the journey from the sender's country, as given in Radd ul Muhtaar, Vol 2, Pg No. 263:

Translation:  It is necessary that the person performing the Hajj should start from the place where the sender resides.

If the above-mentioned aged person cannot perform Haj because of illness, he can send anybody to perform Haj on his behalf, but it is compulsory for the person performing the Haj on his behalf to start his journey from Hyderabad.  The person who is sending somebody else to perform Haj on his/her behalf cannot send a person from any other place other than his own country/place.  Therefore, if it is difficult for the said person to arrange for sending somebody this year, then in light of his illness, he should will (wasiyah) that somebody should perform Haj on his behalf.  Otherwise, he will be considered a sinner.

It is given in Fatawa A'alamgiri, kitab ul manasik, al bab ul khamis 'ashr fil wasiyah bil haj, Pg No. 258.

Translation: The person on whom Haj was Fardh and he died without making a will is, without any difference of opinion, a sinner.  In case of a will, 1/3rd of whatever wealth the person left should be used in the performance of Haj Badal.  If 1/3rd of the wealth left is not enough to send somebody for Haj from the deceased's wealth, then the rule of sending somebody from the deceased's place collapses; instead from which ever place this 1/3rd wealth is enough, from that place somebody should be sent for Haj Badal.

As given in Fatawa A'alamgiri, Vol 1, kitab ul manasik, Pg no. 269.

If the said person sends somebody to perform Haj on his behalf and later regains his health, then it becomes Fardh (obligatory) for that person to perform Haj.  Until he performs the Haj himself, it will remain Fardh for him and will not be considered as "done."

It is given in Badai'i us Sanai'i, Pg No. 255:

Translation: If the disease is cured before death, then in the light of the Shariah, it is not permissible for somebody else to perform Haj on that person's behalf.

And Allah knows best.

Mufti Syed Ziauddin Naqshbandi Qadri,

[Professor, Islamic Law, Jamia Nizamia,
Founder director, Abul Hasanaat Islamic Research Center]
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