Is proxy Hajj permissible on behalf of an elderly person unable to remain on a mount?
General Chapter
Al-Mughni
Book of Hajj
Primary text
It is permissible to perform Hajj on behalf of an elderly person who cannot remain stable on a mount due to great age, provided the obligation of Hajj is due upon him. This is established by the Prophet's permission granted to the woman from Khath'am during the Farewell Pilgrimage, who asked if she could perform Hajj for her elderly father who could not sit steadily on his camel. Ali, may Allah be pleased with him, affirmed that one should arrange for the pilgrimage on behalf of an elderly person who lacks the ability to perform it.
Supporting text
The justification for proxy performance in this case is that Hajj is an act of worship whose disruption necessitates expiation (Kaffarah), therefore the action of another can substitute for the action of the incapable person, similar to how atonement is made for unfulfilled fasting, but unlike prayer.