Short answer
Yes. You can perform Hajj for a person who died owing Hajj, or for a living person who is permanently unable to travel. In the Hanafi school it is better that the one sent has already done his own Hajj; the Shafi'i and Hanbali schools make that a condition.
Hajj badal is valid for someone who died with Hajj owed or who is permanently unable, and it is paid for by that person or from his estate. Sending someone who has not done his own Hajj is valid but disliked: makruh tahrimi if Hajj is already fard on the deputy, makruh tanzihi if it is not.
Other madhhabs
- Shafi'i
- The deputy must have performed his own Hajj first; if he has not, the Hajj counts for himself.
- Hanbali
- Same as the Shafi'i: the deputy must have done his own Hajj, or it counts as his own.
- Maliki
- A living person cannot appoint someone for his fard Hajj. For the deceased it is done only if he left a bequest for it.
Explanation
A woman asked the Prophet ﷺ about her mother who had vowed Hajj and died before doing it. He told her to perform Hajj for her and compared it to paying off a debt owed by the mother. This is the basis of Hajj badal (Hajj on behalf of another).
- Who it is for: someone who died while Hajj was due on him, or a living person with a lasting inability such as chronic illness or old-age frailty. If a living person later recovers, he must perform Hajj himself.
- Who pays: the person himself, or his estate if he left a bequest (from up to one third of the estate). Heirs may also pay from their own money as a gift, and it is hoped to be accepted.
- Who goes: preferably a knowledgeable person who has done his own Hajj. A man may go for a woman and a woman for a man.
The deputy makes the intention for the other person ("labbayk on behalf of so-and-so"). Hanafi texts direct him to perform Hajj ifrad (Hajj only) unless the sender permits qiran or tamattu, and to set out, where the bequest allows, from the deceased's home city. Each Hajj badal is for one person.
For a voluntary Hajj or umrah, the picture is simpler: anyone may perform it and gift its reward to a parent or any Muslim, living or dead. Many people do an umrah for a deceased parent this way. Because bequests, estate shares and fees for the deputy raise personal questions, ask a mufti before arranging one.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Sahih al-Bukhari 1852
Sahih... حجي عنها أرأيت لو كان على أمك دين ...
"Perform Hajj for her. Do you think if your mother owed a debt you would pay it?"
Hajj can be performed for a deceased person who owed it.
Sunan Abi Dawud 1811
Graded sahih... حج عن نفسك ثم حج عن شبرمة ...
"Perform Hajj for yourself, then perform Hajj for Shubruma."
The basis for the other schools' condition, and for the Hanafi dislike, of a deputy who has not done his own Hajj.
Where the ruling is recorded
- al-Hidaya, Kitab al-Hajj, chapter on Hajj on behalf of another. The conditions of Hajj badal and the type of Hajj the deputy performs.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Hajj, bab al-hajj an al-ghayr. The dislike of sending someone who has not done his own Hajj, with its two levels.
- al-Mughni (Ibn Qudama), Kitab al-Hajj, on the deputy who has not performed Hajj. The Hanbali condition based on the Shubruma hadith.
This answer is pending review by the scholars on our team. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.