Appendix

Appendix

Precepts Of Hajj-e-Badal
( Hajj In Life Of Someone Else)
Details of Hajj-e-Badal are lengthy which I have compiled in a separate treatise named Minhaj-ul-Khayr-fil-Hajj-i-'anil-Ghayr'. The same may be consulted in need. Its necessary selected precepts are however given here for the information of common people.

Rule Of Action
Suppose a person fell under the obligation of Fardh Hajj and he found the period in which Hajj is performed. But he did not perform Hajj for some reason or other. Later on, he had some excuse becuase of which he was unable to perform Hajj personally. For example he fell ill with such ailment as he had no hope of recovery. He became blind or crippled or he was too weak to undertake a journey owing to old age. Now it is Fardh on him to depute someone to perform Hajj on his behalf or to make a will to the effect that Hajj-e-Badal may be arranged to be performed on his behalf from his funds after his death.

Having performed one's own Hajj-e-Badal, the rule is that if the excuse-because of which he could not perform his Hajj himself-is removed after getting Hajj-e-Badal performed, he will stand under the obligation of Fardh Hajj. The Hajj which he got performed by someone on his behalf will become Nafl Hajj.

Rule Of Action
Likewise suppose a woman has enough funds to perform Hajj, but she does not find a Mahram to accompany her ; or she finds one but he cannot bear his expenses and the woman herself cannot afford to bear his expense alongwith hers. Then it is binding on her to get Hajj-e-Badal performed on her behalf or make a will to do so.

Note :
According to Imam-e-A'zam in all these circumstances if the excuse remained up to the time of his death, Fardh obligation of Hajj is removed. Now it is not binding on him to get Hajj-e-Badal performed or to make a will for the purpose, provided that, he had not missed to perform Hajj during his ability to perform and before the emergence of his excuse.

But according to Sahibayn (the two learned disciples of Imam-e-A'zam namely Imam Abu Yusuf and Imam Muhammad, may Allah have mercy on them) the obligation of Fardh Hajj is not removed by any excuse after being once financially able to afford. It is therefore binding on such persons to get Hajj-e-Badal performed or to make a will for this purpose.

Rule Of Action
It is preferable to get Hajj-e-Badal performed by one who has already performed his own Hajj. If one gets Hajj-e-Badal performed by some one who has not yet performed his own Hajj, and Hajj is not even Fardh on him, Hajj-e-Badal will get discharged, but it will not be preferable.

If, inspite of Hajj being Fardh on him, he has not yet performed Fardh Hajj, it is not permissible for him to proceed for Hajj-e- Badal. It is Makroh Tahrimi (unlawfully and seriously undesirable) and sinful. Yet the Hajj of one who gets Hajj-e-Badal performed will stand discharged (Ghunya).

Rule Of Action
To get Hajj-e-Badal performed on wages and compensation is not permissible. Both receiving and paying of wages and compensation on performing Hajj are Haram (forbidden). If anyone gets Hajj-e-Badal performed after settling the wages, both the performer and one who gets the Hajj performed would be sinful. Yet the Hajj of Amir (one who get it performed) will stand discharged. The wages thus received will have to be returned. Only the expenditure incurred on performing Hajj will have to be paid.

Rule Of Action
All the necessary expenditures on Hajj-e-Badal are the liability of the Amir. This Includes the fare of proceeding and returning, and the expenses during the journey and the stay in Haramain (Mecca and Madina), on food, laundry charges, house rent or hire of tent etc. The clothes of Ihram, necessary utensils required during the travel, and the purchase of necessaries-all these are the liability of the Amir. But the clothes and utensils etc. Will have to be returned after Hajj to the Amir (one on whose behalf Hajj is performed). Likewise, if some cash is saved after Hajj expenses. The same will also have to be returned to Amir. But indeed, if the Amir gives it to him of his own accord or he says that the necessaries and the remaining cash are given to you as present from me, he is allowed to spend the remaining amount for himself. But if the Hajj is performed on behalf of some deceased person, it is necessary that there should be a will made by the deceased for this allowance. If there is no such will on behalf of the deceased, and the amount exceeds one third of the property of the deceased, then the necessary condition is that all the heirs agree to this allowance.

Rule Of Action
The Journey of Hajj-e-Badal should be commenced from the homeland of the Amir, i.e. one on whose behalf Hajj is being performed.

Rule Of Action
It is incumbent upon Mamor (one who performs Hajj-e-Badal) to resolve the intention for the Hajj of one on whose behalf he is performing Hajj-e-Badal. It is preferable also while reciting Talbiya to say the words (Labbaika on behalf of such and such person). In this case, he should utter the name of his 'Amir' after the words "on behalf of".

Rule Of Action
It is binding on Mamor not to act in any way against the instructions of Amir i.e. one on whose behalf Hajj is performed. If he acted against his instructions Hajj-e-Badal will not stand discharged, but this Hajj will be from Mamor himself. It will be binding on him to return the Amir's amount spent on this Hajj.

Rule Of Action
Hence, if the Amir asked him to perform Hajj only, it is not permissible for him to perform Qiran or Tamattu. If he did so, this Hajj will not be on behalf of the Amir, but the same will be on behalf of Mamor himself. He will have to return the Hajj expenses.

Rule Of Action
If one performing Hajj-e-Badal acted against the instructions of the Amir, then, though this Hajj will stand discharged on behalf of the Mamor, yet, Fardh Hajj of even the Mamor will not stand discharged. This will, of course, be a Nafl Hajj. If later, he saved so much money as might suffice for the expenses on Hajj, and other conditions of Hajj were also fulfilled, he would again have to perform his Fardh Hajj.

Rule Of Action
If the Amir, i.e. one on whose behalf Hajj is to be performed, gave him a general permission and left it to his choice to perform Hajj of whateverkind he liked whether to perform Ifrad i.e. Hajj only or Qiran i.e. with join Ihram of Hajj and Umra or to perform Tamattu by wearing Ihram of Umra from Miqat. Then after accomplishing Umrah, he would wear the Ihram of Hajj from the Holy Mecca and Perform Hajj. In this case. Ifrad and Qiran are of course permissible for the Mamor unanimously, but the jurists differ about Tamattu. According to a number of jurists, it is not permissible in spite of the permission of the Amir. According to them, Amir's Hajj will not stand discharged in case of Tamattu'. Although, because of the permission, Mamor will not be held responsible for the expenditure incurred on Hajj. But the Amir will again have to get his Hajj-e-Badal performed. Therefore it is necessary to be very cautions in this matter. But of course, since a large number of (other) jurists have permitted even to perform Tamattu with the permission of Amir, therefore, if Tamattu is performed in case of sheer necessity to do so, it is hoped of Almighty Allah, that the Fardh of one who is getting the Hajj performed, will stand discharged.

Full details of this rule with juristically arguments have been given in the treatise by me, viz. Minhaj-ul-Khair fil-Hajj-e'anil-Ghayr'. The same may be consulted.

Note. Most of the above rules about Hajj-e-Badal have been taken from the book Irshad-us-Sari by Mulla' Ali Qari. The reference of the few rules taken from other books has been given.

(And Allah, I glorify Him, the Most High, knows best).