Fatwa ID: 04612
Answered by: Mufti Eunus Ali
Question:
Assalamu Alaikum. I made Hajj in 2010, but I have been wondering if I sufficiently completed the rituals for it to be considered valid. The key point in question is that I only pelted the Jamarat in Mina on the first day after Muzdalifah. I was very tired from the walk from Muzdalifah to Mina and then to Mecca. There was a person hired by our group who led me and others through the crowd on that first day, but he said we were on our own the next day as he would not be leading. In hindsight, I should have tipped him (given him extra money) for his help the first day. The next morning, the director of the group asked if any wanted to take the bus back to Makkah and if so, he should ask a person to stone the pillars for him. I regret that I accepted this offer as I did not realize the significance of actually doing the pelting oneself. Hence, someone supposedly did the ramy on my behalf on the second day and no one did on the third.
This fall I wanted to make Hajj al-Badal for a friend’s father, but I was thinking that my previous hajj was deficient. If it was deficient, then I wondered if my intention for Hajj al-Badal would not be realized and the hajj would count instead for my own. Regardless, I intend to make hajj this fall, inshaa Allah, but the questions I have are:
1) Was my hajj in 2010 valid since I had a proxy stone for me on the second day and no one stoned on the third day? 2) Can I offer hajj al-Badal for a friend’s aged, sick and incapable father or deceased mother? 3) Would a hajj this fall count for myself or for the person I intended to make hajj al-Badal for? 4) If Hajj al Badal would be valid for me to make this year would the person be required to pay the full cost of hajj, or is this something I can offer as sadaqah?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
It will only be permissible for one to appoint a substitute for the pelting of the Jamarat when the individual is incapable of doing so themselves due to serious illness.[1]
Tiredness does not qualify as a valid reason for a substitute to be appointed.
Furthermore, you have stated that the pelting on the third day was also missed. As compensation for both these, it will be necessary to offer 1 dam (sacrifice of a sheep) to make up for the shortcomings.[2]
By completing the sacrifice the Hajj will be complete and will not have to be repeated.
Ibn Abbas (may Allah be pleased to be both of them) said, “The wife of Sinan bin Salamah Al-Juhani ordered that the question be put to the Messenger of Allah (peace be upon Him) about her mother who had died and had not performed Hajj; would it be good enough if she were to perform Hajj on behalf of her mother? He said: ‘Yes. If her mother owed a debt and she paid it off, would that not be good enough? Let her perform Hajj on behalf of her mother.”’[3]
From the above-mentioned hadith and similar narrations, it is established that it is permissible for a person to perform Hajj on behalf of the deceased. However, it will be makruh, if the person who will be performing the Hajj on behalf of the deceased has not performed their own Hajj.[4]
It will be considered for the person it is intended for as mentioned above.
It is not necessary for the person to fund the full cost rather this is an issue that will need to be mutually agreed upon by both parties.
Only Allah knows best
Written by Mufti Eunus Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Al Fatawa Al Hindiyyah, Volume 1, Page 261, Darul Kutubul Ilmiyyah
[2]Al Fatawa Al Hindiyyah, Volume 1, Page 272, Darul Kutubul Ilmiyyah & Al Lubab Fi Sharhil Kitab, Page 205, Al-Maktabatul Umariyyah
[3]Sunan An-Nasa’i: 2633
[4]Awjazul Masalik, Volume 7, Page 216-217, Darul Qalam & Al-Bada’i As-Sana’i, Volume 3, Page 274 and 291, Darul Kutubil Ilmiyyah
