Hajj by Proxy

77. The prerequisites of Hajj by Proxy are: Islam, Iman, Mind, Adolescence – as a precaution, and for the agent to have no obligation to Hajjat-al-Islam[9].  The agency of a Kaafir is not valid, nor is the agency of a Muslim on behalf of a Kaafir. Similarly it would not be valid if the agent is insane, under aged, or if the agent is obliged to Hajjat-al-Islam, which has remained “established” in his responsibility[10].
78. It is imperative for the agent to know the rites of the Hajj and its rulings, even if with the help of a guide or teacher.  It is also imperative that the agent is adherent to the teachings of Islam, and that the correctness and accuracy of his performance can be trusted, as a precaution, although relying on [the notion that the act of a mu’min is] “correct by default” is conceivable.
79. Hajj by proxy is correct whether it is done voluntarily, by hiring, by Jo‘aalah – reward [in exchange for doing something], etc.
80. If the mostatee’ was not able to perform the Hajj himself, he is obliged to do it by proxy, and if he could not do it by proxy, his obligation of the Hajj is annulled. However, if he remained to be liable and obliged to the Hajj until he died, it is obligatory [for his heirs] to perform it as qadha after his death.
81. If the mostatee’ who is not able to perform the Hajj himself failed to do it by proxy until he died, if he had remained to be liable and obliged to the Hajj [during his life] and he had left some assets behind, it is obligatory [for his heirs to arrange] for the Hajj to be performed as qadha, using his assets.
82. If it had become obligatory for an individual to perform the Hajj by proxy but he did not appoint an agent [to do so], if someone [else] offered to do it [the Hajj by proxy] for him voluntarily, that would qualify for him, although as a mostahab precaution he should appoint an agent [to do the Hajj by proxy] too.
83. He who was obliged for Hajj, and went to Hajj, declared and assumed the ihraam, and entered the precincts of the Haram, and then died before performing the rest of the rites of the Hajj, that would qualify for him as Hajjat-al-Islam, regardless of whether his obligation was the Tamattu‘, or the Qiraan, or the Ifraad.  However, if he died before that, it would not qualify for him [as Hajjat-al-Islam], and it is imperative that it is performed as qadha for him.  Although the qualification [of Hajjat-al-Islam] is conceivable if he died after [declaring and assuming] ihraam in general, whether or not he entered the limits of the Haram.
84. If one became mostatee’ for the Hajj, but ignored to do so, and he did not perform the Hajj until lost his ability for the Hajj, he is obliged to perform the Hajj even if he were to go there as a rambler.  If he died before performing the Hajj, it is obligatory for it to be performed as qadha, using the inheritance he has left, unless someone voluntarily offers to perform the Hajj on his behalf, which would qualify for him.
85. If the deceased was liable and obliged to the Hajj, [but after his death] it was doubted as to whether or not he had – [at some stage] – performed the Hajj, it should be assumed that he had acted accordingly and had performed the Hajj.
86. By merely hiring someone to perform the Hajj on behalf of the deceased does not discharge the duty of the deceased nor of his heir. It is imperative that the Hajj is performed.  If it became clear that the agent, due to a reason or the lack of it, had not performed the Hajj, it is binding that a second agent is hired.  The fee should be taken from the initial inheritance if it were not possible to recover it from the first agent.  If the heir or the trustee were negligent, they should forfeit the fee.
87. The Hajj by proxy on behalf of a baby, a distinguishing child, or an insane is valid.  In fact in the case of an individual who suffers from periodical insanity, i.e. occasionally feeling sane, and he was liable to Hajj but did not perform the Hajj – even though he was able – until he died, it is imperative to perform the Hajj by proxy on his behalf after his death.
88. In the case of the obligatory Hajj, it is not permissible for an agent to represent two or more people [simultaneously], but it is imperative for an agent to stand-in for one person only [at any one time]. Unless the obligatory Hajj was [collectively] mandatory upon two or more people, like when two or more people vow to hire an agent [to perform] the Hajj, or if the Hajj was optional – mostahab – where it is permissible for one agent to represent two or more people [simultaneously].
89. It is permissible for two or more agents to perform the Hajj by proxy on behalf of one individual in the same year, regardless of whether the represented being alive or dead, or the agent being a volunteer or hired.  This is applicable to the mostahab Hajj.  It is also applicable to the obligatory Hajj, if it were multiple, and the represented individual was physically unable, or dead.  Like he had vowed to perform two Hajj’s, or he had vowed one Hajj but he was also liable to Hajjat-al-Islam, or if one of the two Hajj’s was obligatory and the other mostahab.
90. The agent can, after completing the rites of the Hajj on behalf of the represented individual, perform the Mufradah Umrah, and the tawaaf around the House on his own behalf or on behalf of someone else.
91. It is not necessary for the agent to be male if the represented individual is a male.  It is permissible for each of the man and woman to represent the other as agent.  The agent performs the Hajj on behalf of the represented individual according to his/her own requirements and not according to those of the represented.
92. It is permissible to appoint the saroorah – i.e. the individual who has never performed Hajj before or wishes to perform the Hajj for the first time – whether male or female, to represent a male or a female individual.  However, as a recommended precaution, one case should be avoided, which is the appointing of a female saroorah as an agent for a male saroorah.
93. If the deceased does not specifically stipulate that the Hajj [on his behalf] should be a ‘baladi’ one, i.e. the Hajj should start from his hometown, then it is permissible to arrange for a ‘miqaati’ Hajj, i.e. appoint an agent to start the Hajj from one of the miqaat’s.  The hometown refers to the place where he normally resided, not where died, if different.
94. If the deceased had stated in his will that the Hajj to be performed on his behalf without specifying the fee, the fee should be a standard one. However, if he had specified an amount to be used for the purpose of the Hajj on his behalf, it would be imperative to act according to the request, if the amount is not more than one third [of the total inheritance] in the case of the mostahab Hajj.  If it was more than a third, then the permission of the heir about the excess is conditional.  If the deceased had specified a particular amount to be used for performing the Hajjat-al-Islam on his behalf, it is binding and obligatory for it to be executed, and the amount should be taken out of the total inheritance if it is not more than the minimum amount required to perform the Hajj.  If it were, the excess should be taken from the third [of the total inheritance] without needing the permission of the heir.
95. If had stated in his will for a particular individual to perform the Hajj on his behalf, for a specified fee, the individual concerned is not bound by that will and he may ask for more [for a fee].  In that case another agent should be chosen to perform the Hajj.  If the specified fee was more than the minimum amount required to perform the Hajj, the excess should be taken from the third [of the total inheritance] without needing the permission of the heir.
96. If the agent invalidated the Hajj, it is obligatory for him to perform its qadha in the following year.
97. It is not permissible for an agent to appoint another person as an agent unless he has authorised to either perform the Hajj by proxy himself or relegate it to another person, or [if he has] the specific permission of those concerned.
98. If the hire contract was general, in that it does not mention [whether] it is for him or another person [to perform the Hajj], it is required that the agent performs the Hajj, and thus it is not permitted for him to appoint someone else for the task.
99. The agent should act according to his Marje‘ Taqleed if he were a follower, or according to his ijtihad if he were a mujtahid, but not according to that of the person he is representing.
100. If the represented individual made it conditional that the agent acts according to the fatwa of the Marje‘ of himself [the represented], it is obligatory for the agent to act accordingly, unless [the performance of certain rites were] considered to be invalid according to his ijtihad or taqleed, in which case he should either refuse the offer, or act according to the ihtiyaat – precaution – that would be correct to both of them.
101. It is not permissible to appoint an agent who cannot say the talbiyah, or read [the Arabic texts] well, even by other’s help and dictation, unless it is for a mostahab Hajj.
102. It is permitted for one who entered [Makkah] during the months of Hajj for performing the Mufradah Umrah, to represent someone else for the Tamattu‘ Hajj after finishing his Umrah.  He must declare and assume ihraam on behalf of the one he is representing from the miqaat designated for the country of the individual being represented.
103. It is not permitted to perform the Mufradah Umrah by proxy after performing the Tamattu‘ Umrah and before performing the Hajj.  Also it is not permitted to do so willingly for himself, but if he did so out of ignorance, or in disobedience, that would not harm his Hajj if it does not interfere with the two woquf’s. The second [i.e. the Mufradah Umrah] would be considered as Tamattu‘ Umrah. 
104. If one declared and assumed the ihraam for a mostahab Tamattu‘ Umrah, and after completing it, was appointed as an agent, it is not permissible for him to leave Makkah, nor to accept the agency.
105. It is mandatory for the agent to perform the task with the intention of representing the one who assigned him, even in the case of the Tawaaf al-Nisa’.  The duty and responsibility of the individual being represented is not discharged unless the task is performed correctly and with the intention of doing so on behalf of the represented individual.
106. It is binding for the agent to act according to the conditions specified for him in terms of the type of Hajj, and its description, even in the particular route taken.
107. If the agent died after declaring and assuming the ihraam and entering the limits of the Haram, that qualifies for the individual being represented, and he does not need to perform another Hajj.
108. If the agent died after declaring and assuming the ihraam and entering the limits of the Haram, that qualifies for him and for the individual being represented, even if he had later departed the limits of the Haram.  Similarly, if the agent died between [the times of] ihraam for the Umrah and the ihraam for the Hajj, that qualifies for him and the individual being represented.
109. If the agent died before [declaring and assuming] ihraam, or before entering the Haram with [him being in the state of] ihraam, they do not qualify for Hajj, taking into account some of the details of the case, although the validity is conceivable if he died after ihraam and before entering the Haram.
110. If one attained financial ability but without physical [ability] and he had no hope of recovering, it is obligatory for him to seek Hajj by proxy immediately.
111. If the excuse [or the reason preventing him from performing the Hajj] of the individual being represented was eliminated during the act of the agent or before starting the ihraam, if time was too tight, the agency is correct, and the performance of the agent qualifies for the one being represented.  If, on the other hand, there was enough time, it is imperative on the individual being represented to perform the Hajj himself.