Question:
Assalamu alaikum Mufti. Could Hajj Badal be done for someone who is alive?
Answer:
الجواب وبالله التوفيق
Wa ‘Alaikum As Salām,
According to the Madh-hab of Imām Abu Hanifah, it is allowed for a person to appoint another to perfrom Hajj on his behalf while he is alive, fulfilling necessary conditions.
If Hajj becomes Fardh upon a person whilst being healthy and fully capable of fulfilling it, it will not be allowed for him to appoint a person to perform his Hajj on behalf of him rather, the Fuqahā have stipulated that the person intending the Hajj must be incapable of physically performing his Hajj.
Thus, if a person grows very old in which travelling becomes severely difficult upon him, or he/she may have been afflicted with blindness, or suffers with a chronic illness, or may have fractured a part of his body- which renders him “incapable” of performing his Hajj, it will now be allowed to appoint one to perform his Fardh Hajj. (There are further necessary pre-requisites which also must be adhered to by both parties pertaining to the rituals of Hajj itself.)
However, if one intends an optional Hajj, it will be allowed in any case and he does not have to be “incapable” of performance. Though, it is necessary that the proxy be Muslim, sane and one who has the understanding of the rituals of Hajj.
References:
Tabyīn Al-Haqā’iq, 2/423, DKi
Al-‘Ināyah, 2/193, DKi
Irshād As-Sārī (Qārī), p. 609, Rayyān
Al-Bahr Al-‘Amīq, 4/2239, Rayyān
Gunya an-Nāsik, p. 490, Al-Misbāh
And Allah Knows Best.
Mufti Saeed Ahmad Khan
Darul-Iftā
Darul-Uloom Trinidad and Tobago
Checked and approved by:
Mufti Waseem Khan