From where should the proxy perform Hajj on behalf of someone else who was obligated to perform Hajj?
General Chapter
Al-Mughni
Book of Hajj
Primary text
The proxy performing Hajj on behalf of the deceased must do so from the place where the obligation was initially due, either the deceased's homeland or the place where the obligation became easiest for them. This view is held by Al-Hasan, Ishaq, and Malik concerning Hajj performed due to a vow (Nathr). The principle is that fulfilling an obligation (Qada') must conform to the manner of the original performance (Adaa'), similar to making up missed prayers and fasts. This applies equally to vowed Hajj and obligatory Hajj (Qada'). If the deceased had two homelands, the proxy must be appointed from the closer of the two places. If Hajj was obligated from Khurasan and the person died in Baghdad, or vice versa, the proxy performs it from the place where the Hajj was obligated, not where death occurred.
Supporting text
It is suggested that the proxy should perform it from the closer of the two relevant places, as the deceased himself would not be required to perform Hajj from the farther location if the closer one was available. Regarding the place of Ihram, if the proxy performs Hajj from a location closer than the mandated starting point (Miqat), it is considered sufficient, though perhaps disliked (Musi'). If the proxy performs it from a place farther than the required Miqat, it is not sufficient as the full obligation has not been met.