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Precepts Of Hajj-e-Badal
( Hajj In Life Of Someone Else)
Details of Hajj-e-Badal are lengthy which I have compiled in a separate
treatise named Minhaj-ul-Khayr-fil-Hajj-i-'anil-Ghayr'. The same may be
consulted in need. Its necessary selected precepts are however given here
for the information of common people.
Rule Of Action
Suppose a person fell under the obligation of Fardh Hajj and he found
the period in which Hajj is performed. But he did not perform Hajj for
some reason or other. Later on, he had some excuse becuase of which he
was unable to perform Hajj personally. For example he fell ill with such
ailment as he had no hope of recovery. He became blind or crippled or
he was too weak to undertake a journey owing to old age. Now it is Fardh
on him to depute someone to perform Hajj on his behalf or to make a will
to the effect that Hajj-e-Badal may be arranged to be performed on his
behalf from his funds after his death.
Having performed one's own Hajj-e-Badal, the rule is that if the excuse-because
of which he could not perform his Hajj himself-is removed after getting
Hajj-e-Badal performed, he will stand under the obligation of Fardh Hajj.
The Hajj which he got performed by someone on his behalf will become Nafl
Hajj.
Rule Of Action
Likewise suppose a woman has enough funds to perform Hajj, but she does
not find a Mahram to accompany her ; or she finds one but he cannot bear
his expenses and the woman herself cannot afford to bear his expense alongwith
hers. Then it is binding on her to get Hajj-e-Badal performed on her behalf
or make a will to do so.
Note :
According to Imam-e-A'zam in all these circumstances if the excuse remained
up to the time of his death, Fardh obligation of Hajj is removed. Now
it is not binding on him to get Hajj-e-Badal performed or to make a will
for the purpose, provided that, he had not missed to perform Hajj during
his ability to perform and before the emergence of his excuse.
But according to Sahibayn (the two learned disciples of Imam-e-A'zam namely
Imam Abu Yusuf and Imam Muhammad, may Allah have mercy on them) the obligation
of Fardh Hajj is not removed by any excuse after being once financially
able to afford. It is therefore binding on such persons to get Hajj-e-Badal
performed or to make a will for this purpose.
Rule Of Action
It is preferable to get Hajj-e-Badal performed by one who has already
performed his own Hajj. If one gets Hajj-e-Badal performed by some one
who has not yet performed his own Hajj, and Hajj is not even Fardh on
him, Hajj-e-Badal will get discharged, but it will not be preferable.
If, inspite of Hajj being Fardh on him, he has not yet performed Fardh
Hajj, it is not permissible for him to proceed for Hajj-e- Badal. It is
Makroh Tahrimi (unlawfully and seriously undesirable) and sinful. Yet
the Hajj of one who gets Hajj-e-Badal performed will stand discharged
(Ghunya).
Rule Of Action
To get Hajj-e-Badal performed on wages and compensation is not permissible.
Both receiving and paying of wages and compensation on performing Hajj
are Haram (forbidden). If anyone gets Hajj-e-Badal performed after settling
the wages, both the performer and one who gets the Hajj performed would
be sinful. Yet the Hajj of Amir (one who get it performed) will stand
discharged. The wages thus received will have to be returned. Only the
expenditure incurred on performing Hajj will have to be paid.
Rule Of Action
All the necessary expenditures on Hajj-e-Badal are the liability of the
Amir. This Includes the fare of proceeding and returning, and the expenses
during the journey and the stay in Haramain (Mecca and Madina), on food,
laundry charges, house rent or hire of tent etc. The clothes of Ihram,
necessary utensils required during the travel, and the purchase of necessaries-all
these are the liability of the Amir. But the clothes and utensils etc.
Will have to be returned after Hajj to the Amir (one on whose behalf Hajj
is performed). Likewise, if some cash is saved after Hajj expenses. The
same will also have to be returned to Amir. But indeed, if the Amir gives
it to him of his own accord or he says that the necessaries and the remaining
cash are given to you as present from me, he is allowed to spend the remaining
amount for himself. But if the Hajj is performed on behalf of some deceased
person, it is necessary that there should be a will made by the deceased
for this allowance. If there is no such will on behalf of the deceased,
and the amount exceeds one third of the property of the deceased, then
the necessary condition is that all the heirs agree to this allowance.
Rule Of Action
The Journey of Hajj-e-Badal should be commenced from the homeland of the
Amir, i.e. one on whose behalf Hajj is being performed.
Rule Of Action
It is incumbent upon Mamor (one who performs Hajj-e-Badal) to resolve
the intention for the Hajj of one on whose behalf he is performing Hajj-e-Badal.
It is preferable also while reciting Talbiya to say the words (Labbaika
on behalf of such and such person). In this case, he should utter the
name of his 'Amir' after the words "on behalf of".
Rule Of Action
It is binding on Mamor not to act in any way against the instructions
of Amir i.e. one on whose behalf Hajj is performed. If he acted against
his instructions Hajj-e-Badal will not stand discharged, but this Hajj
will be from Mamor himself. It will be binding on him to return the Amir's
amount spent on this Hajj.
Rule Of Action
Hence, if the Amir asked him to perform Hajj only, it is not permissible
for him to perform Qiran or Tamattu. If he did so, this Hajj will not
be on behalf of the Amir, but the same will be on behalf of Mamor himself.
He will have to return the Hajj expenses.
Rule Of Action
If one performing Hajj-e-Badal acted against the instructions of the Amir,
then, though this Hajj will stand discharged on behalf of the Mamor, yet,
Fardh Hajj of even the Mamor will not stand discharged. This will, of
course, be a Nafl Hajj. If later, he saved so much money as might suffice
for the expenses on Hajj, and other conditions of Hajj were also fulfilled,
he would again have to perform his Fardh Hajj.
Rule Of Action
If the Amir, i.e. one on whose behalf Hajj is to be performed, gave him
a general permission and left it to his choice to perform Hajj of whateverkind
he liked whether to perform Ifrad i.e. Hajj only or Qiran i.e. with join
Ihram of Hajj and Umra or to perform Tamattu by wearing Ihram of Umra
from Miqat. Then after accomplishing Umrah, he would wear the Ihram of
Hajj from the Holy Mecca and Perform Hajj. In this case. Ifrad and Qiran
are of course permissible for the Mamor unanimously, but the jurists differ
about Tamattu. According to a number of jurists, it is not permissible
in spite of the permission of the Amir. According to them, Amir's Hajj
will not stand discharged in case of Tamattu'. Although, because of the
permission, Mamor will not be held responsible for the expenditure incurred
on Hajj. But the Amir will again have to get his Hajj-e-Badal performed.
Therefore it is necessary to be very cautions in this matter. But of course,
since a large number of (other) jurists have permitted even to perform
Tamattu with the permission of Amir, therefore, if Tamattu is performed
in case of sheer necessity to do so, it is hoped of Almighty Allah, that
the Fardh of one who is getting the Hajj performed, will stand discharged.
Full details of this rule with juristically arguments have been given
in the treatise by me, viz. Minhaj-ul-Khair fil-Hajj-e'anil-Ghayr'. The
same may be consulted.
Note. Most of the above rules about Hajj-e-Badal have been taken from
the book Irshad-us-Sari by Mulla' Ali Qari. The reference of the few rules
taken from other books has been given.
(And Allah, I glorify Him, the Most High, knows best).
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