Is it permissible for a person whose illness is expected to remit to appoint a proxy for Hajj?

General Chapter

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is not permissible for one who expects their illness to pass, or for a prisoner or similar person, to appoint a proxy for Hajj. If such a person appoints a proxy, the Hajj performed by the proxy is not sufficient for them, even if they do not recover. The evidence is that since such an individual expects to gain the ability to perform Hajj themselves, proxy is not permitted, and the proxy Hajj performed is invalid, similar to the case of the poor person. This situation is distinguished from one whose recovery is despaired of, as the latter is absolutely incapable and has lost all hope of regaining the ability to perform the basic obligation, thus resembling the deceased. Furthermore, textual evidence regarding proxy Hajj was specifically provided for the extremely old person who cannot expect to perform it themselves; thus, only those like them should be analogized.

Supporting text

Abu Hanifa holds that proxy is permissible for such individuals. This proxy arrangement is contingent: if the person later gains the ability to perform Hajj themselves, it becomes obligatory for them to do so; otherwise, the proxy Hajj suffices because they were initially unable to perform it themselves, resembling one from whom recovery is despaired.