A deputy could not perform Hajj on behalf of a deceased
Fatwa No: 123486

  • Fatwa Date:10-6-2009 - Jumaadaa Al-Aakhir 17, 1430
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Question

A man (A) gives another man (B) a specific amount of money to do Hajj on behalf of a deceased person, they both agreed on an amount.
if B got to Saudi Arabia and was hopitalised in Saudi after 2 days and was unable to do Hajj,
what is the ruling?
Does Mr. B has to spend money out of pocket to repeat hajj for Mr. A next year, for the deceased?
does Mr. A have to spend money again?
does Mr. B have to repay Mr. A?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

The ruling on this issue depends on knowing the method upon which the two parties agreed for B performing Hajj by proxy.

If person B took the money from A and the agreement was that this money is for the expenses of Hajj, like travel expenses, food and drink, and so forth, then B does not guarantee the money; rather, if he becomes sick before assuming the state of Ihraam, then he returns and he is not required to do anything.

However, if he became sick after having assumed the state of Ihraam, then his ruling is the same as that of the one who is prevented from completing the rituals of Hajj, in which case, he comes out of the state of Ihraam and he should offer a sacrifice, but he does not guarantee the money for person A, and if A wants to deputize him the next year and he agrees, then it is acceptable.

Nonetheless, if person B took the money and the agreement between them was that it is a hiring contract, then in this case, he is obliged to do the rituals for the person who deputized him. If he loses the expenses (of Hajj) or he becomes sick before completing the rituals, he is obliged to guarantee the money. Therefore, he has either to perform Hajj himself the next year, or that he deputizes someone else to perform Hajj if the contract was not that he should perform Hajj by himself, and he did not specify the year of Hajj to be during the year in which he became sick. This is because he did not do the job for which he was hired.

Allaah Knows best.

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