Is delegation (Istinabah) permissible for Hajj when one is temporarily unable to perform it?
General Chapter
Al-Mughni
Book of Hajj
Primary text
Delegation for Hajj is permissible for one who is temporarily unable to perform it, provided the inability is expected to cease, such as a sick person whose recovery is hoped for, or a prisoner. This ruling applies because Hajj at-Tattawu' (voluntary Hajj) is not obligatory on the individual, and inability to perform it personally allows for delegation, similar to the ruling for an elderly person. The distinction from obligatory Hajj is that obligatory Hajj is for one's lifetime and missing it this year does not invalidate the obligation. Voluntary Hajj, however, is prescribed every year and missing it this year means it is missed for that year.
Supporting text
The difference between voluntary Hajj and obligatory Hajj regarding subsequent performance is that if one dies before performing obligatory Hajj, it is performed on their behalf after death, whereas voluntary Hajj that is missed is not performed later.