Sources:

  • Fat-h Dhul-Jalaali wal-Ikraam bi Sharh Bulugh al-Maraam by Shaikh Ibn ‘Uthaimeen (Rahimahullaah)
  • Bulugh al-Maraam by Darus-Salaam

Ibn ‘Abbaas (Radia-Allaahu ‘anhuma) narrated that the Prophet (Salla-Allaahu ‘alayhi wa sallam) heard a man saying: “Labbaika on behalf of Shubrumah.” He (Salla-Allaahu ‘alayhi wa sallam) asked: “Who is Shubrumah?” He replied: “A brother of mine,” or “A relative of mine.” He (Salla-Allaahu ‘alayhi wa sallam) asked: “Have you performed Hajj on your own behalf?” He replied: “No.” Whereupon, he (Salla-Allaahu ‘alayhi wa sallam) said: “Perform Hajj on your own behalf, then perform it on behalf of Shubrumah.” [Reported by Abu Dawoud, Ibn Maajah and authenticated by al-Albaani]

Commentary:

1- It is permissible to pronounce the Talbiyah aloud (raising the voice with Talbiyah), because the Prophet (Salla-Allaahu ‘alayhi wa sallam) heard the man saying the Talbiyah. Pronouncing the Talbiyah aloud is Sunnah.

2- If the person is performing Hajj on behalf of someone else, he should declare his name saying: “Labbaika on behalf of so-and-so,” because if he did not mention the other person’s name, the Talbiyah will be for his own self.

If the person is performing Hajj on behalf of someone, he will say: “Labbaika Hajjan on behalf of so-and-so,” and if he is performing ‘Umrah on behalf of someone, he will say: “Labbaika ‘Umrah on behalf of so-and-so.”

3-Should he mention the name of the person if it is a woman?

Shaikh Ibn ‘Uthaimeen (Rahimahullaah) said: “Yes, but if you feel shy to mention the woman’s name, it is permissible for you to say: ‘Labbaika on behalf of the one who has appointed me as a deputy on her behalf to perform Hajj.’” The same ruling applies in the case you forget the name of the one who appointed you to perform Hajj on his behalf.

4- It is incumbent on the student of knowledge to ask in those situations where the enquiry is substantial (worthy) because the Prophet (Salla-Allaahu ‘alayhi wa sallam) asked the man, “Who is Shubrumah?”

If you see someone doing something that needs to be asked about, then it is better to ask, and this is not considered asking people what is not of your concern. This is because the scholar or student of knowledge cares for the state of the people in order to teach them what Allaah (Ta’ala) taught him.

5- It is not permissible for a person to perform Hajj on someone else’s behalf if he has not performed his own obligatory Hajj while having the ability to perform it. The evidence for that is his (Salla-Allaahu ‘alayhi wa sallam) statement: “Perform Hajj on your own behalf, then perform it on behalf of Shubrumah.”

What if a person is poor and not eligible to perform Hajj and someone gave him money to perform Hajj on his behalf, is it permissible for this poor person to perform Hajj on behalf of this person?

Shaikh Ibn ‘Uthaimeen (Rahimahullaah) said: “Yes, it is permissible, because it is not obligatory upon this poor person to perform Hajj (for himself). This is because Allaah (Ta’ala) says in Surat Aal-‘Imran (3:97):

ولله على الناس حج البيت من استطاع إليه سبيلا 

…And Hajj (pilgrimage to Makkah) to the House (Ka’bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence)… 

And since this man is not able to perform it because he has no money, it is permissible for him to perform Hajj on behalf of someone else.”

However, this is a matter of dispute among the scholars. Some of them said that he is not permitted to perform Hajj on someone else’s behalf, irrespective of the fact whether or not he is strong enough (monetarily

or physically) to perform his own pilgrimage. The majority of the Imams are of the same opinion. [Subul-us-Salaam by As-Sana’ani]

6- Hajj is characterized by the permissibility of changing the Niyyah during it, unlike the other acts of worship.

This man first had the intention to perform Hajj on behalf of Shubrumah, then he changed his Niyyah and formulated it for himself during the act of worship. This is particular to Hajj alone and none of the other acts of worship.

Similarly, the one who intends to perform Hajj is allowed to turn it into ‘Umrah and become Mutamatti (which means that the pilgrim enters the state of Ihraam at the point of the Miqaat with the intention of performing ‘Umrah. Then he performs Tawaf and Sa’y, after which he should exit his Ihraam. With the commencement of the Hajj days, he must enter the state of Ihraam again and perform Hajj) and this is acceptable.

Or he enters the state of Ihraam with the intention of performing ‘Umrah first and then the time becomes too constricted, so he turns it into Qiraan, i.e. he enters the state of Ihraam with the intention of performing ‘Umrah and Hajj together.

However, Hajj differs from other acts of worship in that if the person changes his mind and wants to come out of it, he will not be able to, while during the other acts of worship one can cancel the Niyyah and come out of it.

Mutamatti (which means that the pilgrim enters the state of Ihraam at the point of the Miqaat with the intention of performing ‘Umrah. Then he performs Tawaf and Sa’y, after which he should exit his Ihraam. With the commencement of the Hajj days, he must enter the state of Ihraam again and perform Hajj). If a person commits something unlawful in the other acts of worship, it will cause the nullification of that act of worship, such as eating or drinking or talking in the Salaat; while during Hajj the forbidden things do not nullify it, except having sexual relations before the first Tahallul, which nullifies the Hajj. Yet one should continue the current Hajj and make it up in the following year. This is contrary to the other acts of worship.

7- The Hadeeth indicates that whoever intended to perform Hajj on behalf of someone, and then he came to know that he should perform Hajj on behalf of his own self first, it becomes obligatory upon him to perform the Hajj on behalf of himself and then for the person whom he initially intended to perform the Hajj for later, because the Prophet (Salla-Allaahu ‘alayhi wa sallam) told the man to perform Hajj on behalf of himself first and then on behalf of Shubrumah.

8- It is permissible to perform Hajj on behalf of another person without taking his permission because the Prophet (Salla-Allaahu ‘alayhi wa sallam) did not ask the man, “Did you take his permission?”

Based on this ruling comes the issue of giving or presenting acts of nearness to the dead.

Shaikh Ibn ‘Uthaimeen (Rahimahullaah) said: “It is better not to make an offering (communion) for the sake of the dead [i.e. do an act of worship and give its reward to the dead], rather one should make them for his own self and make the invocation for the dead because this is what the Prophet (Salla-Allaahu ‘alayhi wa sallam) guided us to in his statement: “When a man dies, his deeds come to an end, except for three things: a continuing charity, knowledge from which people derive benefit, and pious offspring who pray for him.” [Muslim]

The Prophet (Salla-Allaahu ‘alayhi wa sallam) did not guide his Ummah (nation) to perform deeds for the sake of the dead person, although the context of the Hadeeth is about deeds. So make the righteous deeds for your own self and invoke Allaah for others.”

If a person happens to be a very old man who is quite incapacitated or is suffering from such a debilitating illness from which he has no hope of recovery, then it is permissible for him, in this case, to send someone else on his behalf by giving him money.

Thus he could be free from his own Hajj obligation. Similarly, a woman who has no Mahram or is incapable (physically) to perform Hajj and is able monetarily to send someone on her behalf to perform Hajj, then it becomes binding on her to appoint someone to perform Hajj on her behalf as long as she has money, and if she died, then it becomes an obligation on her next of kin to perform the same on her behalf.

Other scholars are of the opinion that since she did not have a Mahram and she died, it is not obligatory to perform Hajj on her behalf because Hajj was not obligatory upon her in her lifetime. They justified this ruling by saying that the legal incapacity is like the tangible incapacity. This is like the man who is sensibly (tangibly) incapable, in which case it is not binding on him, and Allaah knows best.

 

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