What is the ruling on a slave performing Tamattu or Qiran with the master's permission?

General Chapter

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a slave performs Tamattu or Qiran with the permission of their master, the slave is required to fast as a substitute for the obligatory hady associated with these forms of Hajj.

Supporting text

The view held by Al-Qadi suggests that the master should bear the cost of this substitute fast on the slave's behalf because the permission to perform the Hajj type was granted by the master, making the obligation fall upon the one who authorized it, similar to a proxy acting under the mandate of the principal. This opinion is considered weak because the Hajj itself is incumbent upon the slave, and this requirement stems from the Hajj, thus falling upon the slave, analogous to a woman performing Hajj with her husband's permission. This differs from one performing Hajj on behalf of another, where the obligation remains with the one who commissioned the Hajj.