5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

money to someone going on hajj and tell him to find a deputy in
Mekka and have him perform the hajj from Mîqât on behalf of
your father. The Hanafîs with little money can follow Shâfi’î
Madhhab and make someone in Mekka deputize for their father,
mother, or other close relative who has not commanded it in his
or her last will. Yet while giving the money they have to make
their niyya: “I am following Imâm Shâfi’î.”
If a person performs hajj on behalf of someone else without
his permission, the hajj belongs to him. That is, if he has the
debt of hajj he has paid it. He can present its thawâb to the
person he has deputized for. Any Muslim can present the
thawâb for any of his worships to any other Muslim dead or
alive. But the person presented with the thawâb (of hajj) will not
be absolved from his debt of hajj. The trustee (wâsî), that is, the
person who has been enjoined on the will, sends the deputy
commanded (by the owner of the will). And the deputy cannot
send someone else on his behalf, unless he is told to do as he
pleases. If the owner of the will has added the amendment, “My
deputy or someone else,” to his will, or if he has not appointed a
deputy while enjoining his will on his trustee, his trustee can go
himself as well as send someone else for the hajj. It is not
permissible for a person for whom it is not fard to go on hajj to
send someone else for the fard hajj on his behalf. A child who is
discreet but below the age of puberty can be a deputy. It is not
permissible to appoint a deputy by giving him a certain sum of
money in the name of a payment (for his work). Estimating the
cost of the journey and his subsistence during the course of the
hajj, you say to the deputy, “With this money....” The money
given to him now is not a payment but a donation. It is written in
Eshbâh: “The money left is returned to the inheritors. If the
inheritors tell the deputy that they appoint him also as a deputy
to present the rest of the money to himself and to accept it for
himself, the deputy does as he is told.” Though it is permissible
in Hanafî for a person who has not made his own hajj and has
not reached the age of puberty or for a woman to be a deputy, it
is not permissible in Shafi’î. It is permissible for a deputy who is
a hadji himself [1] not to come back and to remain in Mekka after
making the hajj on someone else’s behalf. But it is better to
during the rites of pilgrimage.
[1] i.e. a person who has performed the hajj that is fard for him.
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