Is an agent liable if he performs Hajj Ihram from Mecca when ordered to perform Hajj?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If the agent assumes the Ihram for Hajj from Mecca instead of the appointed Miqat, a sacrificial penalty (dam) is obligatory for neglecting the Miqat. He must also return the portion of the maintenance expense corresponding to the distance between the Miqat and Mecca. This ruling is based on the principle that if the agent had entered the Haram area without Ihram (as if he had passed the Miqat without donning Ihram), the Hajj would still be valid, but only requiring expiation for the deficiency, not the nullification of the entire expenditure.
Supporting text
Al-Qadi holds that the act does not count on behalf of the principal, and the agent must return all the maintenance expenses because he performed an action contrary to the explicit order. This is the position of Abu Hanifa.