ASSALAAMU ALAIKUM

Can you briefly explain the concept of Hajj by proxy? If the person for which this Hajj is intended passed away with some debt, and this still hasn’t been repaid, is it still permissible to arrange for someone to perform Hajj on their behalf?

Brother Farukh (Glasgow)

ANSWER

Hajj by proxy (substitute) is known as Hajj-e-Badal. It has been narrated by Hadhrat Salama bin Al- Akwa (Radi Allah Anho) that once, while we were sitting in the company of the Holy Prophet, Hadhrat Muhammad-ur Rasullullaah (Sallallaahu Alayhi Wasallam) a dead man was brought. The Holy Prophet, Hadhrat Muhammad-ur Rasullullaah (Sallallaahu Alayhi Wasallam) was requested to lead the funeral prayer for the deceased. He (Sallallaahu Alayhi Wasallam) asked, "Is he in debt?" The people replied that yes he was. He (Sallallaahu Alayhi Wasallam) said, "Has he left any wealth?" They said, "No." So, he led his funeral prayer.

Another dead man was brought and the people said, "O Allah's Apostle! Lead his funeral prayer." The Prophet (Sallallaahu Alayhi Wasallam) said, "Is he in debt?" They said, "Yes." He said, "Has he left any wealth?" They said, ''Three Dinars." So, he led the prayer.

Then a third dead man was brought and the people said to the Holy Prophet, Please lead his funeral prayer." He (Sallallaahu Alayhi Wasallam) said, "Has he left any wealth?" They said, "No." He asked, "Is he in debt?" They said, ("Yes! He has to pay) three Dinars.’ He (refused to pray and) said, "Then pray for your (dead) companion." Hadhrat Abu Qatada (Radi Allah Anho) said, "O Allah's Apostle! Lead his funeral prayer, and I will pay his debt." So, He (Sallallaahu Alayhi Wasallam) led the prayer.

So, therefore, in the light of this Hadith, I suggest you pay off the deceased’s debt before arranging someone to perform his Hajj.

Please bear in mind that if Hajj is Fardh upon the substitute and he has all the means to go on Hajj, then it will be Makruh-e-Tahrimi for him to perform Hajj-e-Badal without having performed his own Hajj first.

However, if Hajj is not Fardh on him, i.e. he does not have the means to go for Hajj, then he can perform Hajj-e-Badal on behalf of the decease even though he has not performed Hajj before. (Ahsan ul Fataawa)

(VERILY, ALLAH TAA’LA IS ALLKNOWING!)