Can a person who has fulfilled the obligation for one type of rite (Hajj or Umrah) but not the other act as an agent for someone else concerning the remaining obligation?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If a man has discharged the obligatory duty for one of the two rites (Hajj or Umrah) but not the other, it is permissible for him to act as an agent for another person regarding the obligation he has not yet performed. However, a minor (Sabi) or a slave (Abd) cannot act as an agent for others in Hajj. This is because they have not discharged the obligatory Hajj from themselves, placing them in a position similar to, or perhaps even more restricted than, a free adult male.
Supporting text
A potential view suggests that a minor or slave may act as an agent for a supererogatory Hajj but not an obligatory one. This is because they are eligible for supererogatory acts but not obligated ones, and the Hajj they perform cannot count for their own obligation since they are not subject to it. In this case, the benefit remains for the person for whom the proxy was made, and they are not required to return any remuneration received, similar to a free adult who has already performed his own obligatory Hajj.