Library Chapter Two: Hajj on behalf Conditions to be present in that who hires another
Conditions to be present in that who hires another
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Conditions to be present in that who hires another
First: Being a Muslim. It is not valid to perform hajj on behalf of a non-Muslim.
Second: The person on whose behalf hajj is performed should be either dead or unable to perform the hajj by himself (i.e. in obligatory hajj) due to old age, sickness or extraordinary hardship and he has lost hope that he could perform it without extraordinary hardship even in the following years. While a mustaḥabb hajj could be performed on behalf of others in all cases.
Issue 49. A woman may perform hajj on behalf of a man and vice versa. It is not necessary for the two parties to be of the same sex.
Issue 50. It is permissible for a ṣarūrah (person who is going to hajj for the first time) to represent a ṣarūrah or others whether the agent or the other party is a man or a woman.
Issue 51. Adulthood and sanity are not conditions for the person on whose behalf hajj is performed.
Issue 52. For hajj on behalf to be correct it is a condition to intend on behalf and determine the person for whom hajj is performed in anyway, but it is not a condition to mention his name.
Issue 53. It is incorrect to hire a person whose duty is to shift from completing the actions of hajj al-tamattu‘ to hajj al-ifrÄd, due to lack of time. However, if he is hired and accidentally his time becomes limited, he should shift and it will be valid instead of hajj al-tamattu‘ and he deserves the wage.
Issue 54. If the hired person dies after the ihÌ£rÄm and entrance of the HÌ£aram, he deserves a full wage, if the hiring was for the purpose of freeing the debt of the other party as it is understood from when it is not stipulated in the hire deed that all actions be done.
Issue 55. If one had been hired to perform hajj with a wage which appeared later to be insufficient to cope with his expenses, the hiring person is not obliged to complete it. Similarly, f it exceeds, he has no right to claim the excess.
Issue 56. In situations where the hajj of the pilgrim on behalf is ruled to be invalid to substitute for that of the other party, then it is obligatory for the former to give back the wage to latter if it was stipulated that hajj should be performed in the same; otherwise he must perform the hajj, on his behalf, later.
Issue 57. It is not permissible to hire a person who is excused from doing some of the practices of the hajj (the excused is a person who cannot perform the duty of a person who has the choice, e.g. a person who cannot recite talbiyah or say tawÄf prayer in a correct way, is not able to walk for tawÄf and sa‘y, or he cannot do ramy at jamarÄt so that it leads to a defect in some of the hajj practices). However, if the excuse would not lead to that (e.g. he becomes excused only in committing some of the prohibited acts during ihÌ£rÄm), his niyÄbah is correct.
Issue 58. If the excuse which occurs during hajj on behalf leads to a defect in the hajj practices, the invalidity of hiring is not remote. So, in this case it is based on obligatory caution to reconcile about the wage and repeat the hajj on behalf.
Issue 59. The niyÄbah of those who are excused from normal wuqÅ«f at Mash‘ar al-HÌ£arÄm is invalid and if they are hired like that, they would not deserve the wage, for example: a caravan's servants who are forced to accompany weak persons or perform some of the caravan's duties and stream out from the Mash‘ar to MinÄ before sunrise. Then, if one of those mentioned is hired for hajj on behalf, he should attend the normal (ikhtiyÄrÄ«) wuqÅ«f and perform the hajj.
Issue 60. The hajj of an excused pilgrim on behalf is invalid no matter whether he is hired or a volunteer or whether the pilgrim on behalf or the hiring person is ignorant about the excuse. And so is the case if one of them did not know that with this excuse niyÄbah is e.g. if one was ignorant that it is invalid to do only the compulsory wuqÅ«f [i.e. the minimum one] at Mash‘ar al-HÌ£arÄm.
Issue 61. The pilgrim on behalf acts according to his own duty whether he is mujtahid or follows some one in taqlīd.
Issue 62. If the pilgrim on behalf dies after ihÌ£rÄm and entering the HÌ£aram, this will be valid for the other party, while if he dies before entering the HÌ£aram, it is invalid according to obligatory caution. In this rule there is no difference whether the pilgrim on behalf is a volunteer or is hired or whether he is hired to perform hajjah al-Islam or other types of Obligatory hajj.
Issue 63. It is based on mustahÌ£abb caution for a nÄ’ib who had not performed the hajjah al-Islam for himself, to perform ‘umrah al-mufradah for himself after finishing the practices of the hajj on behalf during his stay in Mecca if possible.
Issue 64. After finishing the practices of hajj on behalf, the pilgrim on behalf is allowed to do tawÄf for himself or on behalf of others, more over he is also allowed to perform ‘umrah al-mufradah.
Issue 65. As it is a condition that the pilgrim on behalf should be mu’min, it is also a condition for all the rites in which it is permissible to be done on behalf, like tawÄf, ramy and hady.
Issue 66. It is obligatory for the pilgrim on behalf to do the practices intending them on behalf of the other party. The same rule is applied to the tawÄf of women.
