Rafiq-ul-Haramayn - Islamic School System - Dawat-e-Islami

Rafiq-ul-Haramayn 146
17 Pre-conditions of Hajj Badal
Here are conditions for the Hajj Badal of those for whom Hajj is Farḍ:
1. It is a condition that Hajj is Farḍ for the person who is having
Hajj Badal performed on his behalf. If Hajj is not Farḍ for him
and he makes someone perform Hajj Badal on his behalf, Farḍ
Hajj will not get performed. That is, if Hajj becomes Farḍ for him
later on, the previously performed Hajj will not suffice.
2. The person for whom Hajj Badal is being performed has to be
in a state where he cannot perform it himself. If he can perform
Hajj himself, Hajj Badal cannot be performed on his behalf.
3. The valid reason for getting Hajj Badal done has to remain from
the time of the performance of Hajj till his death. In other words,
if he regains the ability to perform Hajj himself anytime before
his death, the previously performed Hajj Badal will no longer
remain sufficient.
4. However, if the reason was such that there was no possibility of
cure e.g. he was blind but gained his eyesight amazingly, the Hajj
Badal performed on his behalf would still be valid in this case.
5. It is a condition that the person on behalf of whom Hajj is to
be performed gives formal permission for it. Hajj Badal cannot
be performed on his behalf without his prior permission.
6. However, if the legatee (i.e. the inheritor) performs Hajj Badal on
behalf of the legator there is no need for permission in this case.
7. All expenses or at least most of them should be given by the
sender. (Mulakhkhaṣ az: Baĥār-e-Sharī’at, vol. 1, pp. 1201, 1202)
8. If the deceased had made the will that the expenses for Hajj
Badal be paid from his money, yet the inheritor paid from his
own wealth, Hajj Badal would remain unperformed.