Can Hajj on behalf of the sick or the dead be performed?
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It is permissible to perform Hajj on behalf of the person who died and did not perform Hajj while he was able, as the Shafi’i went to the one who died and did not perform Hajj, then his heirs must perform the pilgrimage on his behalf from the one who left him, as his debt is fulfilled from it, and they are obliged to get out of his money with what he performs on his behalf, with adequate spending back and forth.
The deceased must be delegated if he was able during his life and did not perform Hajj, if he has a legacy, otherwise the heir is not obligatory. It is permissible for the heir and a foreigner to perform Hajj on his behalf, whether he bequeathed or not.
The one who performs the Hajj on behalf of others is required to have performed Hajj on his own behalf first, on the authority of Ibn Abbas: “The Prophet, may God’s prayers and peace be upon him, heard a man say: Labbayk on the authority of Shubrama, he said: Who is Shibrama? He said: A brother to me, or a relative of mine. He said: Did you perform Hajj on your own behalf? He said: No, he said: perform Hajj on your own behalf, then perform Hajj on behalf of Shubrama »(Narrated by Abu Dawud and Ibn Majah).
As for the patient, he is not obliged to perform Hajj himself due to the excuse of sickness and the like, and he has money, so he must perform Hajj for someone on his behalf, and it is sufficient for him to perform Hajj for Islam, meaning that it is permissible to act in Hajj only when disability is not possible, provided that the disability continues until death. The one who is unable to perform Hajj on his own due to an old age or sickness has no hope of recovery if he is able to obtain his money or whoever obeys him by being a reliable donor. The jurists have inferred the legitimacy of the prosecution in Hajj by the hadith of Ibn Abbas and others: “A woman from Khatham said: O Messenger God, my father realized God’s ordinance during Hajj, an old man, who could not be level on the back of his camel? He said, "Hajj was performed on his behalf." (Narrated by Ahmad and the Companions of the Six Sunan).
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