QUESTION:

As Salaamu Alaikum,

Mufti I have a question related to hajj badal. My neighbor who has no relation to me. Passed away 4 years ago. I was very close to her growing up. I would like to do hajj badal on her behalf.

My question is.

I did hajj for myself previously in the past. I spoke to the family of the deceased and inquired if she did hajj while she was alive or if Hajj badal was done for her. They indicated No for both. When I informed them that I would like to do hajj badal. They told me no I can’t. Because that is not my mother.

Knowing that hajj badal was not done at all and no one is doing it for her this year. Can I proceed to make intention to do hajj badal on my deceased neighbor’s behalf. And not inform the family?

I have been doing some reading and no where am I seeing you need to seek permission from the family. Can you clarify this matter please.

ANSWER:

Wa Alaikum As Salaam,

You need to find out if Hajj was compulsory on her or not, and if it was compulsory, did she leave any instruction for anyone to do it on her behalf.

If Hajj was not compulsory upon the person, then it means that the Hajj which is being done on her behalf is Nafl (optional), and it is being done in order to reach the blessings of Hajj to her. This will be permissible for you to do even if it is done without the permission or knowledge of family members.

If Hajj was compulsory upon her and she did not perform it, then it was essential upon her to leave a wasiyyah (instruction, will) for someone of her inheritors to do it on her behalf.

In this case, it was essential for an inheritor to do it on her behalf. If she did not leave an instruction or wasiyyah (will) for someone to do her Hajj badal, (after it became essential), then she will be considered as having committed a sin, but it will not be essential for an inheritor to do her Hajj. However, if an inheritor does Hajj for her on his own, or he sends someone to do Hajj Badal for her, it will be valid as her essential Hajj.

In the case you have asked about, there is no mention about Hajj being compulsory on her or not. As such, based on what you have stated, we can say that you may go ahead and do a Hajj for your neighbor, but it will be a Nafl Hajj, and you should do it with the intention that the blessings and rewards of this Hajj will go to your deceased neighbor. For this, you do not need to get permission from the family.

However, if you are doing a Hajj badal that replaces the Hajj which became compulsory upon the individual, then it is essential that you get the instruction/permission from the person on whose behalf Hajj badal is being done, or from the inheritor of that person.

It is in this regard, the Fuqaha (Jurists) have written, ‘It is a condition that an instruction or directive be given for Hajj badal to be done on one’s behalf.’

So, it is not permissible to do Hajj badal without the person’s permission (i.e the person on whose behalf it is being done), except an inheritor (heir) does it or instructs someone to do it on behalf of the deceased person, since the heir is regarded as being authorized as a manager on behalf of the deceased. (Radd Al Muhtaar Vol. 2 page 597 HM Saeed Karaachi).

And Allah Knows best

Mufti Waseem Khan

17/11/25