Islamic Verdicts - Volume IV

The Book of Hajj Rites 

Appointing someone else for the Hajj

Appointing someone else to perform Tawaf is not permissible

Q: My mother went with my father for Hajj and there were three men with them in the group. Each of these men had brought his wife along with him so that they could perform the obligation of Hajj. They performed the obliga­tion and when it was time for the Farewell Tawaf, the Haram (i.e., Sacred Mosque) was crowded with Hajj pilgrims. At t hat time the women who were with my mother were not able to go down into the interior of the Haram, so they appointed their husbands (to do the Tawaf for them). However, my mother vowed to do the Tawaf (herself) so she fulfilled her vow. My question is what is the ruling on her vow while she was inside the Haram, and is it permissible to appoint someone else to perform Tawaf?

A: It is not permissible to appoint someone else to perform Tawaf, regardless of whether it is the Tawafuz-Ziyarah (i.e., Al-Ifadhah) or the Farewell Tawaf. Whoever leaves it off, his Hajj is not complete. However, the Farewell Tawaf may be made up for by sacrificing an animal in Makkah for the poor people of the Haram. Likewise, the Farewell Tawaf is not required for the menstruating woman or the woman with postnatal bleeding if she already performed the Tawafuz-Ziyarah. In reference to this vow, it is of no importance. The obligatory Tawaf does not require a vow, because it is obligatory according to the basis of the Islamic law. Therefore, whoever vows to perform a Tawaf that is not obligatory on him, he is required to do it and it becomes an obligation due to the vow. This is due to Allah's Statement: "Then let them complete their prescribed duties (Manasik of Hajj) and fulfill their vows, and circumambulate the Ancient House (the Ka'bah at Makkah)" (Al-Hajj 22: 29).

Ash-Shaykh Ibn Jibreen

Whoever represents someone else for stoning the Pillars along with stoning for himself, he begins with himself first

Q: If a man is a representative for his father and mother for stoning the pillars along with stoning for himself, is he required to throw the stones in a specified order or is he given the choice in putting first whoever he wishes?

A: If the man is representing his mother and father for the stoning due to their inability or illness, he throws for himself then he throws for his parents. If he begins with the mother (after himself) this is better, as her right is greater (than the father's). If he does it the other way around by beginning with his father (before the mother), there is no problem with that. In reference to himself, he should begin with himself first, especially if he is performing an obligatory Hajj.

However, if he is performing an optional Hajj, it does not harm him whether he begins with himself or with the parents, but if he begins with himself that is preferred and better. Then he should stone on behalf of his mother and then his father at one place of standing on the day of the 'Eid (10th of Thul-Hijjah). However, on days other than the day of 'Eid, the stoning is after midday and he stones for each of them throwing 21 stones at each pillar. If he begins with some stones instead of others, there is no problem with that, and if he begins with the stoning for his father before his mother or he stones for them before himself, if he is performing an optional Hajj, there is no problem. However, if he is performing an obligatory Hajj, he must begin with himself, then stone on behalf of his parents.

Ash-Shaykh Ibn Baz

The ruling on appointing someone to perform Sa'y

Q: What is the ruling on whoever is not able to perform Sa'y during Hajj or 'Umrah? Can he appoint a representative to perform Sa'y in his place or perform Tawaf, for example? And what is the ruling if he recovers (from his illness or inability) after missing the time of Hajj?

A: It is not correct for someone to appoint someone else to perform Tawaf or Sa'y for him. Rather, it is obligatory for him to perform Tawaf and Say for himself, even if he is carried on a bed or on a cart. If he is not able to do even that due to the severity of his illness, he remains in his Ihram until he is cured, even if it is after a number of months, if he is expected to get better. It is not permissible for him to break his Ihram, as it has not been nullified by any nullification. If he has lost hope of the illness ending, he is like one who is prevented (from completing the Hajj or 'Umrah). Thus, he slaughters a sheep and feeds it to the poor people of the Haram, and he comes out of the state of Ihram. This is due to Allah's Statement: "But if you are prevented (from completing Hajj and 'Umrah), sacrifice a Hady (animal, i.e., a sheep, a cow, or a camel) such as you can afford" (Al-Baqarah 2: 196).

If he does not have the price of the sheep (to have it slaughtered), he fasts ten days and then removes his Ihram. If he becomes sick before 'Arafah and he misses the standing (at 'Arafat), then he has missed the Hajj and he must come out of Ihram with only an 'Umrah. And Allah knows best.

Ash-Shaykh Ibn Jibreen