What is the ruling if an agent instructed to perform Hajj in the mode of Ifraad performs Qiran instead?

General Chapter

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the agent is instructed to perform Ifraad (performing Hajj only) but performs Qiran (combining Umrah and Hajj by assuming Ihram for both simultaneously), the agent incurs no liability or guarantee regarding the change. This is the view held by Shafi'i. The justification is that the agent performed what was commanded plus an addition, rendering the act valid without establishing liability, similar to being commanded to buy a sheep for one Dinar and purchasing two sheep, one of which is worth one Dinar.

Supporting text

Abu Hanifa maintains that the agent is liable because he intentionally deviated from the specific instruction given.