Section: It is permissible for a man to act as a substitute for a man or a woman, and for a woman to act as a substitute for a man or a woman, in Hajj, according to the opinion of the general body of scholars. We know of no dissenter, except al-Hasan ibn Salih, who disliked a woman performing Hajj on behalf of a man. Ibn al-Mundhir said: "This is an oversight regarding the apparent Sunnah, for the Prophet (may Allah bless him and grant him peace) commanded a woman to perform Hajj on behalf of her father (20)." Upon this relies those who permit a person to perform Hajj on behalf of another. In this chapter, there is also the hadith of Abu Razin (21), and other ahadith as well.

Section: Hajj and Umrah are not permissible on behalf of a living person except with his permission, whether it is obligatory or supererogatory. This is because it is an act of worship that admits substitution, so it is not permissible on behalf of an adult of sound mind except with his permission, like Zakat. As for the deceased, it is permissible on their behalf without permission, whether it is obligatory or supererogatory, because the Prophet (may Allah bless him and grant him peace) commanded performing Hajj on behalf of the deceased, and he knew that there was no permission from him. Whatever is permissible as an obligatory act is also permissible as a voluntary one, like charity. Based on this, whatever the substitute performs on behalf of the person who requested it—such as if he were ordered to perform Hajj but performs Umrah instead, or is ordered to perform Umrah but performs Hajj—it counts for the deceased, because it is valid on his behalf without his permission. It does not count for a living person due to the lack of his permission for it, and it counts for the person who performed it; for when it was impossible for it to count for the intended person, it counted for himself, just as if two men appointed him as a substitute and he entered into the state of ihram for both of them simultaneously. He must return the expenses because he did not perform what he was commanded to do, so it is similar to the case where he did not perform anything at all.

Sections on the Substitute's Violation: If the person who requested the substitute ordered him to perform Hajj, but the substitute performed tamattu' (combining Umrah and Hajj with an interval) or performed Umrah for himself from the miqat, then performed Hajj, consider the case: if he went out to the miqat and entered into the state of ihram for Hajj from there, it is permissible and he is not liable for anything. Ahmad stated this explicitly, and it is the school of al-Shafi'i. If he entered into the state of ihram for Hajj from Mecca, he is liable for a damma (sacrificial animal) for abandoning his miqat, and he must return part of the expenses equivalent to what he omitted of the Hajj ihram between the miqat and Mecca.