Hajj Badal means to perform Hajj on one’s own behalf and expense by anotherperson, provided that Hajj is incumbent and one cannot perform Hajj due to illness or some other disability.
CONDITIONS FOR THE DISABLED PERSON
Hajj should be incumbent upon the disabled person under the Shari’ah rules. If not, there is no need for sending somebody for Hajj Badal and if he later becomes incumbent he needs Hajj Badal performed again.
The disabled person should be unfit to perform Hajj himself. If the disability is temporary, he has to perform Hajj himself when he is fit even if he has got Hajj Badal performed earlier. But in case of permanent disability, such as weakness due to old age or blindness, Hajj Badal is enough even if this disability does not exist anymore.
The disability should be before sending somebody for Hajj Badal otherwise it will not be valid.
The disabled person himself should ask someone to perform Hajj Badal on his behalf. Leaving a will before death is the same as asking somebody. However, it is okay if a heir performs Hajj Badal or gets it performed for a deceased person.
The disabled person should bear all types of expenses concerning Hajj Badal.
CONDITIONS FOR THE PERSON PERFORMING HAJJ BADAL
The person appointed to perform Hajj Badal must be a Muslim.
He should be sensible and sane even though immature.
While entering into Ihram, he should make ni’yah (intention) on behalf of the person who is sending him for Hajj Badal.
A woman can also perform Hajj Badal on behalf of another woman or man. Traveling with a mahram male is not a condition for Hajj Badal which is valid even without mahram, but she will be a sinner.
Hajj Badal should be performed by the appointed person only unless he has been authorized to get it done by another person. In that case, it is okay to send somebody else on his behalf.
The appointed person should perform the kind of Hajj, such as Tamatt’u or Qiran, according to the desire of the person who sent him.
He should put on Ihram only on behalf of the person sending him. He is not allowed to have the intention of performing Hajj for himself or on behalf of two persons.
The appointed person should go for Hajj Badal by conveyance and not on foot.
He should start his Hajj journey from the place where the person sending him lives. However, if the Hajj Badal is being arranged out of one-third of the deceased’s property, it can be started from anywhere depending on the money available.
He should not miss the Hajj or any imperative (Fard) part of it as no
type of compensation renders Hajj Badal validly performed.
According to the Hanafites, it is not necessary that Hajj Badal should be performed by a person who has performed his own Hajj first. But per Ahl-e-Hadith, the appointed person must have performed his own Hajj as first. Considering these views, it is safer to send somebody who has already performed his own Hajj.
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