What is the ruling when an agent performs an act of pilgrimage different from what the principal instructed, regarding a living person?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If an agent is instructed to perform Hajj but performs Umrah, or is instructed to perform Umrah but performs Hajj, this action does not count for the living person for whom it was intended because the necessary permission for that specific act was absent. Consequently, the act counts for the agent himself, as its intended beneficiary cannot receive it, mirroring the case where two individuals appoint one person, and that person assumes both obligations.
Supporting text
If the act is performed on behalf of a deceased person instead of a living one (e.g., instructed for Hajj for the living, but performed for the deceased), it counts for the deceased because pilgrimage is valid on their behalf without prior consent. In the situation where the agent performed an act different from the instruction for a living person, the agent is obligated to return the expenditure (Nafaqah) because the required command was not fulfilled, akin to doing nothing at all.