Is a second Hajj obligatory for someone who performed Hajj on behalf of another due to illness, then recovered?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If a person performs the Hajj on behalf of another due to illness and subsequently recovers, a second Hajj is not obligatory for him. This is the position held by Ishaq. The reasoning is that he fulfilled what he was commanded to do and thus discharged the obligation, similar to if he had not recovered. Alternatively, he performed the obligatory Hajj by the command of the Lawgiver, so a second Hajj is not incumbent upon him, just as if he had performed it for himself. Furthermore, accepting the opposing view would lead to two obligatory Hajj performances when God only obligated one.
Supporting text
Al-Shafi'i, the companions of Al-Ra'y (the Hanafi school), and Ibn al-Mundhir hold that a second Hajj is obligatory because the first was a substitute due to despair (from recovery). Once he recovers, it becomes evident that recovery was not despaired of, thus the original obligation (performing Hajj for himself) becomes necessary, similar to a woman who has ceased menstruation (a'isa) counting her waiting period in months, who then begins menstruating again; that initial counting does not suffice her.