This question is regarding Hajj. The question is when pelting the shaytaan can the husband be a naa'ib for his wife? Due to reasons like if she goes to pelt it is more likely she might get hurt or squashed by the crowd. Jazaa'kAllahu khair
In the name of Allah, the most beneficent, the most merciful.
Answer
Rami is wajib and without a lawful excuse it is not permissible to appoint a proxy.
A person will be considered to be excused when he/she is unable to perform salah standing up (due to illness) and cannot reach the jamaraat either by walking or by transport. Or when there is fear of harm or increase in the illness then in this situation a proxy may be appointed. (Muallimul Hujjaj, P185)
While performing rami, rush is not considered an acceptable excuse by Shariah to appoint a proxy for pelting the jamaraat. (Muallimul Hujjaj, P186) Similar text is also quoted in Gunyatun Nasik (P171).
The jurists have allowed the women and the persons who are old, sick or weak to perform rami during makruh hours in order to avoid heavy rush. (Raddul Muhtar, Vol 2, P196) For them it is permissible without it being makruh to perform rami during these times.
The makruh hours are as follows:
(1) On the 10th of Dhul Hijjah before sunrise and after sunset till day-break.
(2) On the 11th of Dhul Hijjah after sunset till day-break.
(3) On the 12th of Dhul Hijjah after sunset till day-break.
In conclusion it is not permissible for the husband to perform rami on behalf of his wife without a Shar’ee (lawful) reason. The wife can perform rami during the makruh hours when there are less people.
Only Allah Knows Best
Sayeedur Rahman
Darul Ifta, Birmingham
