Rules of Hajj by Proxy
Q.1 What is
the ruling on appointing a proxy, whose physical disability, that could prevent
him from carrying out an optional act, is well known? However, the person who
made the deputation did not know this fact. The case concerns hajjatul
His hajj does not suffice. Also, it shall not compensate [for
the actual act of worship].
Q.2 What is the ruling on hiring a
physically disabled person in the matter of the previous question and the two
assumptions discussed in Article 113 of Manasikul Hajj, in the case of a
There is no objection to [performing such a hajj] in
the three suggested manners, if the proxy was physically able to perform
accurate hajj for himself.
Q.3 Is it obligatory on the proxy to carry
out acts of worship pertaining to hajj according to his taqleed ( the
following, by a lay person, of a Mujtahid - Jurist - in matters of religious
practice), or according to that of the person who made the deputation?
He should act according to his taqleed. Of course, the proxy should act
according to the explicit instructions of the mandator. That is, the mandator
could ask him to act according to what he believed correct. He also could leave
it to what the proxy sees fit. The proxy, therefore, should, be within these
bounds, unless he was sure of the imperfectness of acts of worship[according to
the instructions of the mandator].
Q.4 A person wanted to perform
hajj as a proxy on voluntary basis. Is it obligatory on him to uphold hajj
rulings of his own ijtihad/taqleed, or those of the person he represents?
If there were no constraints imposed, he should perform hajj in pursuant
to his own taqleed. Of course, in a situation of a will, where it stipulates
[which taqleed] to follow, he should comply with the condition. If it was at
variance with his taqleed or his own ijtihad, he should act according to
ihtiyat, in that he should act according to both.