Q: What are the conditions for the validity of Hajj-e-Badl?
A: If hajj became fardh upon a person and thereafter, he became incapable of performing the hajj, it is compulsory for him to appoint someone to fulfill the hajj on his behalf. This hajj is referred to as Hajj-e-Badl.
In order for Hajj-e-Badl to be valid, there are twenty conditions that have to be found:
The First Condition – Hajj being Fardh on the One Appointing
The first condition is that hajj must be fardh upon the person on whose behalf the Hajj-e-Badl is being performed.
If hajj was not fardh upon him and he appointed someone to perform the Hajj-e-Badl, then the hajj will take place as a nafl hajj. In this case, if hajj becomes fardh upon him later on in his lifetime, he will have to perform the hajj.
After hajj becomes fardh upon him later on in his life, if he delays and becomes incapable of performing the hajj (e.g. he becomes sick and is unable to go for hajj), then he will have to appoint someone at that time to perform the Hajj-e-Badl on his behalf.
The Second and Third Condition – Being Unable to Perform Hajj and the Inability Remaining Until One’s Demise
The second and third condition is that the appointer (one on whose behalf the Hajj-e-Badl is performed) should be unable to perform the hajj, and his inability must remain until he passes away. Similarly, he should only appoint someone to perform Hajj-e-Badl after he becomes unable to perform hajj.
If he appoints someone to perform the Hajj-e-Badl before becoming unable, and the Hajj-e-Badl was carried out after he became unable, the Hajj-e-Badl will not be valid.
Similarly, if the unable person appointed someone to perform Hajj-e-Badl on his behalf, and after the Hajj-e-Badl was performed, the appointer became capable of performing the hajj, the Hajj-e-Badl which was performed on his behalf will no longer remain valid and he will have to repeat the hajj e.g. after the Hajj-e-Badl was performed on behalf of a sick person, the sick person recovered from his illness or after the Hajj-e-Badl was performed on behalf of a woman who did not have a mahram, she found a mahram, then in these cases, the Hajj-e-Badl will not suffice for their fardh hajj. Rather, the Hajj-e-Badl will be counted as a nafl hajj and they will have to repeat their fardh hajj.
The Fourth Condition – Instruction or Permission Coming from the One upon whom Hajj is Fardh
The fourth condition is that the one performing the Hajj-e-Badl should be appointed directly by the incapable person upon whom hajj is fardh, or he should receive permission from him.
If one performs Hajj-e-Badl on behalf of the incapable person without his instruction or his permission, it will not suffice for the fardh hajj of the incapable person.
Accordingly, if hajj became fardh upon a person and he passed away without performing it and without making any bequest that it should be performed on his behalf from one third of his estate, then even if a person out of his own good will performs the Hajj-e-Badl on behalf of this deceased, it will not suffice for his fardh hajj.
However, on the basis of a certain Hadith, Imaam Abu Hanifah (rahimahullah) has stated that if any person performs the Hajj-e-Badl on behalf of his parents, or if the heirs perform the Hajj-e-Badl on behalf of their relative, then insha-Allah it will suffice for their fardh hajj despite them not making a bequest or instructing their family to carry out the Hajj-e-Badl on their behalf.
In this mas’alah, Imaam Abu Hanifah (rahimahullah) said “Insha-Allah”. The reason for him saying insha-Allah is that the hajj being fulfilled is not established with certainty from the clear and explicit proofs of Shari’ah.
The Fifth, Sixth and Seventh Conditions – The Appointer and Appointed Person being Muslim, Sane and Baaligh
The fifth, sixth and seventh conditions are that both the appointer (the person on whose behalf Hajj-e-Badl is being performed) as well as the appointed person (the person performing the Hajj-e-Badl) must be Muslim, sane and baaligh (or close to being baaligh).
The Eighth Condition – The Person Appointed Not Charging a Fee for Carrying out the Hajj
The eighth condition is that the one appointed to perform Hajj-e-Badl should not take any remuneration or fee from the appointer in lieu of performing the Hajj-e-Badl.
If the appointer had stipulated a remuneration for the one performing the Hajj-e-Badl on his behalf, then both the appointer as well as the appointed person will be sinful. However, though they will be sinful, the Hajj-e-Badl will be valid and fulfilled.
As for the remuneration, then it is waajib for the appointed person to return it to the appointer. It is only the hajj expenses that will be borne by the appointer.
The Ninth Condition – The Appointer Paying for the Hajj
The ninth condition is that the expenses must be paid by the appointer. If the person performing the Hajj-e-Badl spent his own wealth and intended Hajj-e-Badl for the appointer (unable person), then the fardh hajj of the appointer will not be fulfilled.
The appointer is supposed to pay for all the hajj expenses (or the majority of the expenses). However, if the appointed person spent a little from his own wealth, it will be overlooked.
The Tenth Condition – The Hajj Not being Done on Foot
The tenth condition is that the hajj should be performed using a conveyance. The Hajj-e-Badl should not be performed on foot. Hence, if the person performing the hajj did the entire Hajj-e-Badl on foot, the fardh hajj of the unable person will not be fulfilled.
However, if the appointed person did most of the hajj using a conveyance, and only did a small portion of the hajj on foot, it will be overlooked. Similarly, if he walked due to the wealth getting finished, it will be overlooked.
The Eleventh Condition – Hajj being Performed from the Hometown of the Appointer
The eleventh condition is that hajj should be performed from the hometown of the appointer (unless the appointer specified a different place from which Hajj-e-Badl should be carried out on his behalf).
If the appointer has more than one hometown then hajj should be performed from that hometown which is closest to Makkah Mukarramah.
If a resident of India passed away in India after making a bequest that Hajj-e-Badl be performed on his behalf, and thereafter, his family or his executor moved to Pakistan, then it will be necessary for his family or executor to get someone to perform his Hajj-e-Badl from his hometown in India.
However, if they are unable to send the money to India or appoint someone in India, then the deceased’s Hajj-e-Badl should be carried out from the place in Pakistan where his family or executor are residing. Insha-Allah, in this manner, the deceased’s Hajj-e-Badl will be fulfilled.
It should be noted that this mas’alah is not found clearly in the books of Fiqh. However, there is a similar mas’alah found where if one-third of the deceased’s wealth is insufficient to perform hajj from his hometown, then the hajj will be performed from a place where the wealth will be sufficient. Similarly, in this situation, since it was not possible to perform Hajj-e-Badl from the hometown of the deceased, it will be performed from that place where it is possible, and insha-Allah it will suffice.
The Twelfth Condition – Making Intention for the Appointer when Entering into Ihraam
The twelfth condition is that at the time of entering into ihraam, the one performing the Hajj-e-Badl should make the intention of performing hajj on behalf of the one who appointed him or on behalf of the deceased (in the case where the appointer passed away after appointing him or he was appointed by the deceased’s heirs).
If he did not make this intention at the time of entering into ihraam (i.e. he did not make the intention for the person on whose behalf he is doing Hajj-e-Badl), then before he commences the rituals of hajj, he should make the intention.
At the time of tying the ihraam, it is best for the appointed person to verbally make the intention saying, “I intend performing hajj on behalf of so-and-so.” Thereafter, when he recites the talbiyah, he will say, “لَبَّيْكَ عَنْ فُلَانٍ” and he should mention the person’s name in place of the word “فُلَان”.
For example, if one is performing Hajj-e-Badl on behalf of a person named Muhammad, he should recite the talbiyah saying, “لَبَّيْكَ عَنْ مُحَمَّدٍ” (Labbaik on behalf of Muhammad).
If he forgot the person’s name then he should say, “I intend performing hajj on behalf of the one who sent me to perform Hajj-e-Badl.” Thereafter, when he recites the talbiyah, he should say, “لَبَّيْكَ عَنِ الْآمِر” (Labbaik on behalf of the one who appointed me).
If he does not make a verbal intention, but makes the intention in his heart, then this will also suffice.
The Thirteenth Condition– Hajj-e-Badl being Performed by the One Appointed Unless He is Given Open Permission to Appoint Anyone He Wishes
The thirteenth condition is that the one appointed to perform the Hajj-e-Badl should personally perform the Hajj-e-Badl. It is not permissible for him to appoint a second person to carry out the Hajj-e-Badl without the permission of the appointer (unable person).
If he appointed a second person to carry out the Hajj-e-Badl without the permission of the appointer (unable person), then the hajj will take place on behalf of the one who instructed the second person (i.e. the first person appointed) and not on behalf of the appointer (the unable person). Hence, the one who appointed the second person will have to return the money to the unable person.
Therefore, it is best that when giving permission to the one appointed to perform the Hajj-e-Badl, he should be told that if he cannot fulfill the Hajj-e-Badl for some reason, then he may appoint a second person to fulfil it.
The Fourteenth Condition – Hajj-e-Badl Only being Performed by the One Appointed when it is Specified that Only He Can Perform the Hajj
The fourteenth condition is that if the appointer (one unable to perform the hajj) specified that only the one he is appointing can perform the Hajj-e-Badl, and not any other person, then Hajj-e-Badl will not be valid if any other person carries it out on behalf of the appointer.
However, if the one incapable of performing the hajj appointed a specific person to perform the Hajj-e-Badl, but he did not say that no one besides him may perform the Hajj-e-Badl, then in this case, it is best that the specified person carries out the Hajj-e-Badl.
Nevertheless, if he refuses to fulfil it, or is unable to fulfil it due to some excuse, then the executor or family of the deceased may appoint another person to fulfil it on behalf of the deceased.
Note: In this case (where a specific person was appointed and the appointer did not say that no one besides him may perform the Hajj-e-Badl), even if the specified person does not refuse or is not unable to perform the hajj, if the executor or family appoints somebody else to perform the Hajj-e-Badl, then too the fardh Hajj-e-Badl will take place on behalf of the deceased.
If the deceased made a bequest that Hajj-e-Badl be carried out on his behalf, but he did not appoint an executor, then all the heirs should discuss among themselves and mutually decide upon sending any person to perform the Hajj-e-Badl on behalf of the deceased. In this manner, the fardh hajj of the deceased will be fulfilled.
The Fifteenth and Sixteenth Conditions – Not Invalidating or Missing the Hajj
The fifteenth and sixteenth conditions are that the appointed person should not invalidate the Hajj-e-Badl nor should he miss the hajj.
The Hajj-e-Badl will be invalidated through the appointed person engaging in sexual relations before performing the wuqoof in Arafah. As for missing the hajj, it will take place through the appointed person not making wuqoof in Arafah.
In both these cases, where the appointed person invalidated the hajj or missed the hajj, the Hajj-e-Badl of the appointer (unable or deceased person) will not be fulfilled.
The Ruling in regard to the Appointed Person Invalidating the Hajj-e-Badl
It is waajib upon the appointed person who invalidated the hajj to return all the wealth that was given to him for the purpose of performing the Hajj-e-Badl. He will be required to continue with the hajj and fulfil the remaining rituals of hajj. He will also have to make qadha of the hajj the following year from his own wealth.
This qadha hajj will take place on behalf of himself (i.e. the one who invalidated the hajj). It will not take place on behalf of the appointer (the unable person or the deceased).
Similarly, he will have to slaughter one damm (i.e. sheep or goat) in the precincts of the Haram in atonement of the violation.
As far as the Hajj-e-Badl of the appointer is concerned, then since it did not take place, the appointer (or his heirs) will have to get someone else to perform it on his behalf the following year. If they appoint the same person to do it, it will also be permissible.
The money will have to be given to him by the appointer or the heirs of the deceased from the wealth remaining from the one third of the deceased’s estate.
The Ruling in regard to the Appointed Person Missing the Hajj-e-Badl
Regarding the situation where the hajj was missed, then there could be one of two situations:
1. He did not carry out the rituals of hajj due to his own carelessness and negligence. In this case, he will have to return all the wealth given to him to perform the Hajj-e-Badl. He will also have to make qadha of the hajj the following year from his own wealth. This qadha will be on behalf of himself. Similarly, he will have to slaughter one damm (sheep or goat) in the precincts of the Haram from his own wealth for missing the hajj and he will have to perform one umrah to come out of ihraam.
Note: Through performing the qadha hajj, neither will the fardh hajj of the appointer (unable person or the deceased person) be fulfilled nor will the fardh hajj of the appointed person who missed the hajj be fulfilled. Hence, if hajj becomes fardh upon the appointed person later on during his life, he will have to perform hajj again. This qadha hajj will not suffice for his fardh hajj. In this situation, since the Hajj-e-Badl was not fulfilled, it will have to be repeated the following year (by the appointer or the family of the deceased).
2. He was unable to fulfill the rituals of hajj due to unforeseen circumstances beyond his control (e.g. a natural calamity, sickness, imprisonment, etc.). In this case, he will not have to return the wealth to the appointer as there was no negligence found from his side. However, he will have to make qadha of the hajj the following year from his own wealth. This qadha will be on behalf of himself.
Since the Hajj-e-Badl has not taken place, the Hajj-e-Badl will have to be performed the following year. If the appointer (or the family of the deceased) wishes to appoint the same person again, then they may do so. In this case, they will have to give him wealth to perform the Hajj-e-Badl.
The Seventeenth and Eighteenth Conditions – Tying One Ihraam and for One Person
The seventeenth condition is that the appointed person should tie ihraam for only one hajj. He should not make the intention of two hajj at one time (i.e. one hajj for the appointer [unable person] and one hajj for himself). If he makes the intention for two hajj, the Hajj-e-Badl will not take place.
The eighteenth condition is that the appointed person should tie ihraam for Hajj-e-Badl on behalf of only one person. He should not make the intention of Hajj-e-Badl for two people and tie two ihraams. If he ties ihraam for two people, the Hajj-e-Badl of both the people will not take place.
The Nineteenth Condition – Tying the Ihraam of Hajj from the Meeqaat of the Appointer
The nineteenth condition is that the appointed person should tie the ihraam for hajj at the meeqaat which the people traveling from the town of the appointer (unable person) pass by e.g. the meeqaat of the people traveling to Makkah Mukarramah from India and Pakistan by ship is Yalamlam.
If the appointed person tied the ihraam of umrah at the meeqaat for the people coming to Makkah Mukarramah from the town of the appointer (unable person), and after completing the umrah, he tied the ihraam of hajj in Makkah Mukarramah, as is done in the case of those performing Tamattu Hajj, then since he did not tie the ihraam of hajj from the meeqaat specified for the people coming to Makkah Mukarramah from the town of the appointer, the Hajj-e-Badl will not take place on behalf of the appointer. Rather, the hajj of the appointed person will take place.
Therefore, he will have to return to the appointer the money which the appointer gave him to perform the Hajj-e-Badl on his behalf.
The Twentieth Condition – Not Opposing the Instructions of the Appointer
The twentieth condition is that the person appointed to perform the Hajj-e-Badl should not oppose the instructions given to him by the appointer (unable person i.e. he must fulfil that type of hajj which he was instructed to carry out by the appointer and not another type of hajj).
For example, if he was instructed to perform Ifraad Hajj (hajj only), but he decided to join an umrah to the hajj and perform Qiraan Hajj, then the hajj of the appointer (unable person) will not be fulfilled.
Hence, the appointed person will have to return the wealth given to him by the appointer (unable person), as the hajj did not take place on behalf of the appointer, but on behalf of himself.
This is the ruling if he intended performing the umrah on behalf of himself and the hajj on behalf of the appointer (unable person).
If he intended performing both the umrah and the hajj on behalf of the appointer (unable person), then there is a difference of opinion amongst the Fuqahaa.
Imaam Abu Hanifah (rahimahullah) says that since he opposed the instructions of the appointer (unable person), the hajj of the appointer will not be fulfilled, but rather the hajj will take place on behalf of himself. Hence, he will have to return all the wealth given to him by the appointer.
However, Imaam Abu Yusuf and Imaam Muhammad (rahimahumullah), the two renowned students of Imaam Abu Hanifah (rahimahullah), say that the hajj of the appointer will be fulfilled.
If the appointer gave permission to the appointed person to perform Qiraan Hajj on his behalf before the appointed person set out for hajj, then according to all our Imaams (Imaam Abu Hanifah (rahimahullah), Imaam Abu Yusuf (rahimahullah) and Imaam Muhammad (rahimahullah)), the Hajj-e-Badl will be valid and fulfilled on behalf of the appointer.
However, in the case where the appointed person performed Tamattu Hajj (i.e. he was appointed to perform Ifraad Hajj, but he tied the ihraam for umrah at the meeqaat of the appointer, and during the days of hajj, he tied the second ihraam for hajj in Makkah Mukarramah, and both ihraams were tied on behalf of the appointer), then according to all our three Imaams (viz. Imaam Abu Hanifah (rahimahullah), Imaam Abu Yusuf (rahimahullah) and Imaam Muhammad (rahimahullah)), the Hajj-e-Badl will not take place on behalf of the appointer (unable person).
In this case, it is compulsory upon the appointed person to return all the money given to him by the appointer for the purpose of performing the Hajj-e-Badl on his behalf.
The reason for the hajj not taking place on behalf of the appointer is that when the appointed person was commanded to perform Ifraad Hajj, then it is not permissible for him to tie the ihraam of umrah alone (as is the case when performing Tamattu Hajj), since he will be opposing the instruction of the appointer who instructed him to only perform hajj.
A Summary of the Conditions for Hajj-e-Badl
When we examine the above-mentioned conditions, we find that four conditions pertain to the appointer (unable person), four conditions pertain to the appointed person who will perform the Hajj-e-Badl on behalf of the appointer (unable person), and the remainder twelve conditions pertain to the rituals of hajj.
The four conditions that pertain to the appointer are:
1. He must be a Muslim, sane and baaligh and Hajj must be fardh upon him.
2. He must become unable to perform his fardh hajj before he appoints someone to perform Hajj-e-Badl on his behalf (i.e. if he appointed someone at the time when he was well, and thereafter became unable to perform hajj, the appointing will not be correct, and hence if Hajj-e-Badl is performed on his behalf, it will not be valid).
3. He must remain unable to perform the hajj until he passes away.
4. He must appoint (or give permission to) someone to perform the Hajj-e-Badl on his behalf or he should make a bequest that Hajj-e-Badl be performed on his behalf.
The four conditions that pertain to the person appointed to perform the Hajj-e-Badl on behalf of the appointer (unable person) are:
1. He must be a Muslim.
2. He must be sane.
3. He must be baaligh (or close to being baaligh).
4. He should not take any remuneration for the Hajj-e-Badl.
The twelve conditions that pertain to the rituals of hajj are:
1. The majority of the expenses of hajj must be borne by the appointer (unable person). If the appointed person spends a little of his own personal wealth then it will be overlooked.
2. Most of the journey of hajj should be covered using a conveyance. If most of the journey of hajj is done on foot then the hajj of the appointer will not be fulfilled.
3. The journey of hajj should commence from the hometown (or a place close to his hometown) of the appointer (unable person), unless the appointer specifies another place.
4. At the time of tying the ihraam, the one performing the Hajj-e-Badl should make the intention of performing hajj on behalf of the one who appointed him or on behalf of the deceased.
5. The Hajj-e-Badl should be performed by the one appointed (unless he is given open permission to appoint anyone he wishes).
6. The Hajj-e-Badl should only be performed by the one appointed when it is specified that only he can perform the hajj.
7. The hajj should not be invalidated.
8. The hajj should not be missed.
9. The person appointed to perform the Hajj-e-Badl should only tie one ihraam.
10. The person appointed to perform the Hajj-e-Badl should only tie ihraam for one person.
11. The person appointed to perform Hajj-e-Badl should tie ihraam from the meeqaat of the appointer.
12. The person appointed to perform the Hajj-e-Badl should not oppose the instruction of the appointer.
Note: These conditions pertain to fardh hajj. As for nafl Hajj-e-Badl being carried out on behalf of a deceased or a living person, then there are only four conditions that need to be found for nafl Hajj-e-Badl to be valid:
Both the appointer and the appointed person must be:
1. Muslim
2. Sane
3. Baaligh
4. The person performing the Hajj-e-Badl should not take any remuneration for him performing the Hajj-e-Badl on behalf of the appointer.
Note: In regard to carrying out nafl Hajj-e-Badl on behalf of someone, it is not a condition that the appointer be unable to carry out the nafl hajj himself in order for him to appoint someone. Even if one is healthy and able, it is permissible for him to appoint someone to carry out the nafl Hajj-e-Badl on his behalf, together with him providing the appointed person with the expenditure for the journey of hajj.
And Allah Ta'ala (الله تعالى) knows best.
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