Can a person who has not yet performed their obligatory Hajj (Hajjat al-Islam) perform Hajj on behalf of someone else?
General Chapter
Al-Mughni
Book of Hajj
Primary text
A person who has not performed their obligatory Hajj is not permitted to perform Hajj on behalf of another; if they attempt it, the state of Ihram is counted as being for their own obligatory Hajj. This view is held by Al-Awza'i, Ash-Shafi'i, and Ishaq. The basis for this ruling is found in the narration of Ibn Abbas where the Prophet, peace be upon him, heard a man say, 'Labbayka for Shibarmah.' When the Prophet inquired about Shibarmah and learned the man had not performed Hajj for himself, he instructed, 'Make this one for yourself, then perform Hajj for Shibarmah.' This demonstrates that one cannot perform Hajj for another before fulfilling their own obligation. Furthermore, since one cannot perform the Tawaf al-Ziyarah with the intention for another without intending it for oneself, the entire Hajj cannot be valid for the other person.
Supporting text
Abu Bakr Abdul Aziz stated that such a Hajj is invalid and counts for neither the performer nor the intended recipient. A dissenting opinion, attributed to Al-Hasan, Ibrahim, Ayyub As-Sikhtiyani, Ja'far ibn Muhammad, Malik, and Abu Hanifa, holds that it is permissible for someone who has not performed their own obligatory Hajj to perform Hajj for another. A narration from Ahmad is also reported to this effect. Ath-Thawri held that if one has the capacity to perform Hajj for themselves, they must do so; otherwise, they may perform it for another. They argue by analogy to Zakah, where deputizing is permissible even if one has outstanding Zakah.