Q: Hajj was fard on a person, but he delayed it until he became old and lost his senses due to severe dementia. Is it valid for his family to fulfill the fard for him by:
1. Bringing him along for Hajj and making the intention of ihram etc for him
2. Doing hajj e-badal for him during his lifetime (note that he is not in his senses to command this, but it will be fully on their own initiative)
3. Doing hajj e-badal for him during after his death
Please provide the ruling for each of the three scenarios.
A: In order for the Hajj-e-Badal to be valid, it is a precondition that the person upon whom Hajj is compulsory (but is unable to perform it), instruct someone to carry it out on his behalf.
In this case, since the person who has dementia cannot instruct anyone to do the Hajj-e-Badal on his behalf due to his condition, Hajj-e-Badal cannot be performed on his behalf.
However, after he passes away, then the family may do the Hajj-e-Badal on his behalf from their wealth. It is hoped that the Hajj-e-Badal will be accepted on his behalf by them doing it for him.
And Allah Ta'ala (الله تعالى) knows best.
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