Fatwa ID: 03093

Answered by:  Alimah Sumeyye Sofu​

Question:

 A person missed wuquf in Muzdalifah due to taking his ill father to the hospital.

The father is excused, however, the son has to give damm for missing this wuquf.

Due to being busy with the father in hospital, they arranged for someone else to make ram'y on their behalf.

Again, it should be valid for the father, as he is bed-ridden, however, it shouldn't be valid for the son, Thinking it to be valid, the son came out of ihram.

This should necessitate another damm. So he would have to give 2 damms.

Is this correct?

Answer:

In The Name Of Allah, The Most-Merciful, The Most Kind

If a person misses Wuquf in Muzdalifa, then he has to give a damm.

The son has to give a damm due to missing wuquf in muzdalifa there is nothing upon the father due to being ill. (Fatawa Hindiyya 1/254-255 Darulkutubilmiyya  / al-Hidaya 2/204 & 2/285 MaktabatulBusra) 

Due to shar'ee reason, if a person misses a wajib, there is nothing due upon him.
(Raddul Muhtar 3/529 Daru Alim-il Al Kutub)

It is not permissible for a person to perform ramy on behalf of someone without a Sharee reason. Due to leaving Ramy out, the son has to give another damm. 

(Al-Hidaya 2/285 Maktabatul Busra & Muallim ul Hujjaj By Qari Mufti Saeed P.159)

Only Allah knows best

Written by Alimah Sumeyye Sofu

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham