Who has the authority to enter Ihram on behalf of a non-discerning minor?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If the child is non-discerning, the Ihram entered on their behalf by someone with authority over their wealth, such as the father, the executor of a will (wasi), or the custodian appointed by the judge (amin al-hakim), is valid. The meaning of performing Ihram on their behalf is that they establish the Ihram for the child, which becomes valid for the child, not for the guardian, similar to how a marriage contract is established for the individual. Therefore, it is valid for the father or guardian to enter Ihram on the child's behalf, regardless of whether the person entering Ihram is currently in the state of Ihram or not, or whether they have already performed the obligatory Hajj for themselves.
Supporting text
Imam Ahmad, in the narration of Hanbal, stated that only the father or legal guardian may enter Ihram on the child's behalf. Ibn Aqil chose this view, arguing that the financial commitment necessitated by Ihram is not imposed upon the child, but rather upon the one who brought them into the state of Ihram, according to one of the two valid narrations. Al-Qadi asserts that the apparent meaning of Ahmad's statement is that only the legal guardian may enact Ihram because the mother lacks legal authority over the child's wealth, and Ihram involves the imposition of a financial obligation, thus it cannot be validly performed by someone lacking authority, similar to purchasing something for the child. For relatives other than the mother and guardian, such as the brother, paternal uncle, or the uncle's son, there are two possible rulings based on the ruling concerning the mother. Strangers (ajnabis) cannot validly enter Ihram on the child's behalf under any circumstance.