As Salaamu Alaikum can you please explain WHO and How can some one make Hajj for someone else. If you never made Hajj before can you go and make Hajj for someone else?
Wa Alaikum As Salaam,
With respect to making hajj for someone else or on someone’s behalf (which is referred to as Hajj Badal), it is best that one who has performed his own hajj does the hajj for someone else.
If hajj has become compulsory upon a person and he has not performed the hajj as yet, then it will be Makrooh Tahreemi (reprehensible to a grave nature) for this person to perform the hajj for someone else. If hajj has not become compulsory upon a person, then it will be Makrooh Tanzeehi (reprehensible to a light nature) for him to perform hajj for another one. (Kitabul Fatawa Vol. 4 Pg. 59 Zam Zam Publishers Karachi Pakistan).
So, if you have never made hajj before and hajj has not become compulsory upon you, then it will be allowed for you to make hajj for someone else, but this will be reprehensible to a light nature. If hajj has become compulsory upon you and you have not performed it as yet, then it will be reprehensible to a grave nature for you to perform hajj for someone else. In this case, you should do your hajj first before making it for another person.
It is permissible for a man to perform hajj on behalf of a woman, and it is also permissible for a woman to perform hajj on behalf of a man (in Hajj Badal). It is not necessary that the person who is performing hajj on behalf of another be a Mahram (blood related) to the person. Anyone who is sane, has reached the age of puberty (mature) and is a Muslim, can do hajj on behalf of another person. However, it is best that a person who has done his/her hajj already be appointed to do the hajj on behalf of another person.
Hajj Badal comes about where hajj has become compulsory upon a person, but he does not have the strength/ability to undertake the journey or to do the rituals of hajj. In this case, he can send someone to perform the hajj for him or can leave an instruction to someone that after he dies, hajj should be made on his behalf. With respect to one who is unable to perform the hajj, it should be noted that the sickness, weakness or inability that prevent him from the hajj must be permanent and not temporary. This means that if a person knows that he/she will recover from such sickness/weakness etc. after some time, then, it will not be permissible to send someone to perform his/her hajj. Instead, when he recovers, he will be required to do his hajj, seeing that it had become compulsory upon him. However, if one has no hope of recovering from the sickness/weakness etc., then he can send someone to perform hajj on his behalf while he is still alive, and can also leave an instruction for one to do it after his passing away.
It is necessary that one gives the permission for hajj to be done on his behalf. It is also necessary that one who is doing hajj for another person, makes the intention at the time of going into Ihram that he is going to perform hajj and going into Ihram for such and such person (the one who is sending him). It is essential that all the expenses or most of it be given by the one who is sending another one to perform his hajj. The one performing the hajj on behalf of another person must also start the hajj journey from the city/country in which the sender lives. (Raddul Mukhtar).
With respect to the manner in doing hajj for someone else, then first of all, one must make niyat and go into Ihram for that person on whose behalf hajj is being done. One can also say Labbaik on his behalf. (Raddul Mukhtar). All the rest of the actions should be done in accordance to the laws of hajj keeping in mind that one is doing all these actions for the sender. Another condition in which Haj Badal comes about is where one does it on behalf of a deceased person upon whom hajj was not compulsory, but one is doing it for the sake of transferring the blessings of the hajj to that person. It may also happen that hajj became compulsory upon a person, but, he did not leave an instruction to anyone of doing hajj for him. In this case also, if one does hajj for him, it will be for the sake of transferring the blessings of hajj to that person, and it is hoped that Allah accepts the hajj as a Fardh Hajj which became compulsory upon him. In these conditions, when one is going into Ihram for such persons then it is sufficient to say, ‘O Allah transfer the blessings of this hajj to such and such persons.’
And Allah Knows Best.
Mufti Waseem Khan.