The Conditions for the Na'ib
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The Conditions for the Na'ib
The na'ib should fulfil the conditions of: bulugh (adulthood), `aql (sanity), belief in Islam, exemption from the duty of obligatory Hajj, and ability to perform the Hajj properly. A man may represent a woman and a‑woman may represent a man, even if both the na'ib and the one whom he represents have not performed the Hajj before. [15]
Should the na'ib commence the journey from his own place or that of the deceased whom he represents, or from one of the mawaqit?According to the Hanafi and Maliki schools, the na'ib should commence the pilgrimage journey from the place of the deceased, if he has not specified the starting point; otherwise according to his wish. According to the Shafi`i school, the pilgrimage commences from one of the mawaqit; if the deceased person has specified one, then the na'ib must act accordingly, otherwise he is free to choose one of the mawaqit. According to the Hanbali school, the na'ib must start from the place that the deceased was obliged to begin from if he had performed the Hajj himself, and not from the place of his death. If the deceased person had attained istita'ah at a place to which he had migrated, later returning to his own place, the na'ib should start from the place of migration, not from the deceased person's home, except when the distance (between his home‑town and the place of migration) is less than what is required for qasr in prayers performed by a traveller. [16]
According to the Imamiyyah school, the Hajj is classified into miqati (i.e. one which starts from one of the mawaqit)and baladi (i.e. one which starts from the town of the deceased). If the deceased has specified one of these two kinds, then the one specified. If he has not specified, any one of the two may be performed. Otherwise the Hajj is miqati and, if possible, starts from the miqat nearest to Mecca, or else the miqat nearest to the town of the deceased. The cost of al‑Hijjat al‑miqatiyyah istaken out from the undivided legacy in the case of obligatory Hajj, and the expense exceeding the cost of al‑Hijjat al‑miqatiyyah istaken from the one third. (al‑Jawahir)
