have no opinion that it is [permissible] for him, because Allah the Almighty said: {And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way} (2). And this person is not able (mustati'), and because this is an act of worship that does not admit substitution (niyabah) while one is capable; therefore, it does not admit it while one is incapable, like fasting and prayer. Our evidence is the hadith of Abu Razin (3). Ibn Abbas also narrated that a woman from Khath'am said: "O Messenger of Allah, the obligation of Allah upon His servants regarding Hajj has come upon my father when he is a very old man, unable to remain steady on the riding beast. Shall I perform Hajj on his behalf?" He said: "Yes." This was during the Farewell Pilgrimage. It is agreed upon (4). In a wording by Muslim (5), she said: "O Messenger of Allah, my father is a very old man, upon whom is Allah's obligation of Hajj, and he is unable to sit firmly on the back of his camel." The Prophet (peace be upon him) said: "Then perform Hajj on his behalf." Ali, may Allah be pleased with him, was asked about an old man who does not find the ability (to perform it); he said: "He should equip someone to perform it on his behalf." Moreover, this is an act of worship for which, if it is invalidated, an expiation (kaffarah) is due; therefore, it is permissible for the action of someone else to stand in place of his own action, just as in fasting when one is unable, he offers a ransom (fidyah), unlike prayer.
(2) Surah Al-Imran, 97. (3) Its documentation (takhrij) was mentioned previously on page 14. (4) Reported by al-Bukhari, in: Chapter on the obligation of Hajj and its virtue, Chapter on Hajj on behalf of one who cannot remain steady on a riding beast, and Chapter on a woman performing Hajj on behalf of a man, from the Book of Hajj, and in: Chapter on the Farewell Pilgrimage, from the Book of Military Expeditions (Maghazi), and in: Chapter on the beginning of greeting (Salam), from the Book of Seeking Permission (Isti'dhan). Sahih al-Bukhari 2/163, 3/23, 5/222, 8/63. And Muslim, in: Chapter on Hajj on behalf of one who is incapable due to chronic disability, old age, or similar, or due to death, from the Book of Hajj. Sahih Muslim 2/973, 974. It was also reported by Abu Dawood, in: Chapter on a man performing Hajj on behalf of another, from the Book of Rituals. Sunan Abi Dawood 1/420. And al-Tirmidhi, in: Chapter on what has been said regarding Hajj on behalf of an old man and the deceased, from the Chapters on Hajj. 'Aridat al-Ahwadhi 4/157. And al-Nasa'i, in: Chapter on Hajj on behalf of a deceased person who did not perform Hajj, Chapter on Hajj on behalf of a living person who cannot remain steady on a saddle, and Chapter on a woman performing Hajj on behalf of a man, from the Book of Hajj, and in: Chapter on judging by analogy and similitude, from the Book of Judges. al-Mujtaba 5/87, 88, 90, 8/200, 201. And Ibn Majah, in: Chapter on Hajj on behalf of a living person if he is unable, from the Book of Rituals. Sunan Ibn Majah 2/970. And al-Darimi, in: Chapter on Hajj on behalf of a living person, from the Book of Rituals. Sunan al-Darimi 2/39, 40. And Imam Malik, in: Chapter on Hajj on behalf of one who has someone else perform Hajj for him, from the Book of Hajj. al-Muwatta 1/359. And Imam Ahmad, in: al-Musnad 1/212, 213, 219, 251, 329, 346. (5) Omitted from [A].
