Change of Purpose by the Na'ib (al‑`Udal)
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Change of Purpose by the Na'ib (al‑`Udal)
According to the Hanafi and Imamiyyah schools, if one species to the na'ib a particular kind of Hajj; such as Jajj al‑'ifrad, or Hajj al-qiran; then it is not permissible for him to make any change. However, if a particular town was specified as the starting point and the na'ib starts from another town, the purpose of the one who hires him is considered as fulfilled if the said specification was not really intended by the hirer; i.e. if by mentioning the route he meant the Hajj itself, and not the route specifically. (al‑Tadhkirah, al‑Fiqh `ala al‑madhahib al‑'arba`ah).
Notes:
[13]. The Imamiyyah, Shafi'i, and Maliki schools permit hiring another person to perform the Hajj for a fee. The Hanafi and Hanbali schools do not consider it permissible. Nothing more than the expenses of journey, food and lodging may be given to the hired, they say.
[14]. The Qur'an, 22:78.
[15]. One who has not performed the Hajj before is called sarurah. According to the Shafi'i and Hanbali schools, if one who has not performed the Hajj before, undertakes it on behalf of another, the Hajj performed is considered his own. But according to the Maliki, Hanafi, and Imamiyyah schools, the Hajj performed depends on his intention (niyyah).
[16]. The minimum distance required for qasr in zuhr, 'asr and 'isha' prayers is 8 parasangs (approximately 44 kms. or 27.5 miles). (Tr.)
