Question:
Assalamualaikum w.b.t. What is the ruling of performing badal hajj for a person who has passed away? Thank you.
Answer:
Waalaikumussalam wrt. wbt.,
Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions, and all those who follow his footsteps until the Final day.
We start with Allah SWT’s statement:
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًا
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.” [1]
This verse shows that the worship of hajj and umrah is only obligatory for those who are capable and able. A person is considered capable when he owns sufficient wealth to perform hajj and umrah. This includes his return fare, travel costs as well as cost for his passport, guide for his trip for hajj and umrah as set by the authorities. All of this wealth must also be the extra income from the sum of his debt and family expenses throughout his absence. [2]
Types of Capabilities
There are two types of capabilities, direct and indirect capability.
First: Direct capability means a person is capable to perform hajj and umrah for his own ability, a healthy body, willing to travel and perform the worships without having to endure grave harms and burdens that he couldn’t endure.
Second: Indirect capability means a mukallaf who owns sufficient wealth to pay another person to perform hajj on his behalf whether he is alive or after his death. The reason is he isn’t able to perform it himself due to his old age, illness and others. [3]
Badal Hajj
Appointing a representative to perform hajj for others is named Badal Hajj (paid hajj). Al-Nawawi in his commentary stated the majority of scholars are of the opinion it is permissible to use a proxy to perform hajj for a person who has passed away and is sick who has no hope of recovering. [4]
Dr Wahbah al-Zuhaili in his book stated that it is permissible for a person to let another person perform hajj for him in two situations:
- Continuous illness means he isn’t capable due to his health. This may be due to old age or illness where there is no hope for recovery. All the while he is capable in terms of wealth or finances to perform hajj. Furthermore, badal hajj is invalid if he didn’t receive permission from the person himself if the person is alive.
- Passed away without having a chance to perform hajj. Hence, it is obligatory for his heir to perform hajj if he is capable in terms of wealth.
Likewise, it is permissible to perform hajj for another person if the person has passed away or suffering from a continuos illness for sunnah hajj. [5]
This is based on a hadith from Ibn Abbas R.Anhuma:
أَنَّ امْرَأَةً مِنْ جُهَيْنَةَ جَاءَتْ إِلَى النَّبِيِّ -صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ- فَقَالَتْ: إِنَّ أُمِّي نَذَرَتْ أَنْ تَحُجَّ فَلَمْ تَحُجَّ حَتَّى مَاتَتْ، أَفَأَحُجُّ عَنْهَا؟ قَالَ: نَعَمْ حُجِّي عَنْهَا، أَرَأَيْتِ لَوْ كَانَ عَلَى أُمِّكِ دَيْنٌ أَكُنْتِ قَاضِيَةً؟ اقْضُوا اللَّهَ، فَاللَّهُ أَحَقُّ بِالْوَفَاءِ
“A woman from the tribe of Juhaina came to the Prophet (ﷺ) and said, “My mother had vowed to perform Hajj but she died before performing it. May I perform Hajj on my mother’s behalf?” The Prophet (ﷺ) replied, “Perform Hajj on her behalf. Had there been a debt on your mother, would you have paid it or not? So, pay Allah’s debt as He has more right to be paid.” [6]
In another hadith, a man said: ‘O Messenger of Allah! My father has died and he did not perform Hajj; shall I perform Hajj on his behalf?’ He said:
أَرَأَيْتَ لَوْ كَانَ عَلَى أَبِيكَ دَيْنٌ أَكُنْتَ قَاضِيَهُ؟ قَالَ: نَعَمْ. قَالَ: فَدَيْنُ اللَّهِ أَحَقُّ بالوفاء
‘Don’t you think that if your father owed a debt, you would pay it off?’ The man said: ‘Yes.’ He said: ‘The debt owed to Allah is more deserving (of being paid off).”‘ [7]
The same is stated in another narration from Ibn Abbas R.Anhuma, he said:
كَانَ الفَضْلُ رَدِيفَ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَجَاءَتِ امْرَأَةٌ مِنْ خَشْعَمَ، فَجَعَلَ الفَضْلُ يَنْظُرُ إِلَيْهَا وَتَنْظُرُ إِلَيْهِ، وَجَعَلَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، يَصْرِفُ وَجْهَ الفَضْلِ إِلَى الشِّقِّ الآخَرِ، فَقَالَتْ: يَا رَسُولَ اللَّهِ إِنَّ فَرِيضَةَ اللَّهِ عَلَى عِبَادِهِ فِي الحَجِّ أَدْرَكَتْ أَبِي شَيْخًا كَبِيرًا، لاَ يَثْبُتُ عَلَى الرَّاحِلَةِ، أَفَأَحُجُّ عَنْهُ؟ قَالَ: «نَعَمْ»، وَذَلِكَ فِي حَجَّةِ الوَدَاعِ
‘Al-Fadl Ibn ’Abbas was riding behind the Messenger of Allah (ﷺ) when a woman from the tribe of Khath‘am came along, and al-Fadl started looking at her and she also started looking at him. The Messenger of Allah (ﷺ) kept on turning al-Fadl’s face to the other side. She said, ‘O Messenger of Allah! Allah has prescribed Hajj for His servants, and it has become due on my father who is an old man, who cannot sit stable on his mount. Shall I perform Hajj on his behalf?’ The Prophet (ﷺ) replied, “Yes, you may.” This incident took place during the Farewell Pilgrimage of the Prophet (ﷺ).” [8]
The above hadith contains an explanation that it is permissible to perform Badal hajj for a person who has passed away. This is the opinion of scholars from among the companions of the Prophet PBUH and others such as al-Thauri, Ibn al-Mubarak, al-Syafi‘i, Ahmad and Ishaq. While Malik is of the opinion that if a person bequeathed for another to perform hajj on his behalf, then perform Hajj for him.
Furthermore, there is also a relaxation to perform hajj for a person who is still alive but is old and incapable to perform hajj for himself. This is the opinion of Ibn al-Mubarak and al-Syafi’i. Moreover, it also explains that a woman can perform hajj for either another man or woman. The same applies to a man where he can perform hajj for either another man or woman. There is no other evidence that contradicts this matter. [9]
Valid conditions for Badal Hajj
Although Badal Hajj is permissible, it must fulfil the following conditions:
- Badal hajj is invalid for those who are capable to perform it themselves.
- Permissible to perform hajj for those who are sick without any hope for recovery, paralyzed or those who have passed away.
- Badal hajj is invalid for the poor for the absence of money, it is only for those who are sick with no hope for recovery, paralyzed or those who have passed away.
- It is impermissible for a person to perform Badal Hajj for another person except he has performed hajj for himself.
- It is permissible for a woman to perform badal hajj for a man or vice versa.
- When a person dies and he owns the money, then hajj should be performed for him using his money whether he bequeathed as such or otherwise.
- It is best if the person performing the badal hajj is the child or a close family member. If it is performed by others, then it is permissible.
- It is impermissible for the representative to appoint yet another person except on the condition that it is informed to the giver of trust and he agrees to the action.
- The person appointed as the proxy must be a person who is kind, honest, responsible and knowledgeable in performing the badal hajj.
Conclusion
According to the above arguments and discussions, in our opinion the ruling of paying another to perform hajj (badal hajj) for those who have passed away when they didn’t get the chance to perform hajj during their lives is permissible in syarak, however, it must follow the above-explained conditions.
Such is that it is better and prioritized for the heir to perform the badal hajj for the person who died or appoints a representative. If there are no close heirs who can perform it, then a proxy can be appointed to perform it.
May Allah SWT grant us a clear understanding of religion. Amin.
Wallahu a’lam.
[2] See al-Fiqh al-Manhaji, 2/123.
[3] See al-Fiqh al-Manhaji, 2/124.
[4] See al-Minhaj Syarh Sahih Muslim, 8/27.
[5] See al-Fiqh al-Islami wa Adillatuhu, 3/2098
[6] Narrated by al-Bukhari (1852)
[7] Narrated by Ibn Hibban (3992); al-Nasa’i (2639)