The financial obligations and accountability of a proxy hired to perform Hajj when his compensation is fixed (as Nafaqah or a fixed sum).
General Chapter
Al-Mughni
Book of Hajj
Primary text
If hiring for Hajj is deemed impermissible, the hired person acts merely as a pure deputy. The money given to him is considered sustenance for his journey. If he dies, is obstructed (Ihsar), falls ill, or loses his way, he is not liable for the funds spent, as this expenditure was done with the permission of the money owner, similar to an authorized breach of a dam that did not prevent flooding. If another person replaces him, the replacement begins the Hajj from the point where the first deputy reached, because that distance was covered by the principal's money. If the deputy dies on the way, the substitute performs Hajj from where he reached, just as if the person performed it himself and died mid-journey. Any surplus funds must be returned unless he is permitted to keep them, and he must spend moderately, neither excessively nor frugally, and may not give any away unless permitted.
Supporting text
If a fixed sum (like one thousand dirhams) is explicitly given with the instruction to perform Hajj with it, the deputy may spend generously upon it, and any remainder is his. This applies whether the payment is for a living person or a deceased one. When hiring is permissible, the payment can be given without explicit contract of hire, and the ruling follows the previous description. If a formal contract of hire is established, the terms of the lease apply, including specifying the wage. What the deputy receives as a wage becomes his property, and he is permitted to spend it as he wishes. If he is obstructed, loses his way, or the funds are lost, he remains liable, and the Hajj remains his obligation. If the principal dies, the contract is voided because the object of the contract (the Hajj) has ceased to exist, and any blood money (Damm) incurred is his responsibility because the Hajj is incumbent upon him.