FIQH 5.14: POSITION OF A SICK PERSON WHO RECOVERS
If a sick person recovers after someone has performed Hajj on his behalf, he will be considered as having performed his obligatory duty, and he will not be required to repeat it, for it would imply the obligation of performing two obligatory pilgrimages (rather than one). This is Imam Ahmad’s view.
The majority of scholars are, however, of the view that such a substitutory Hajj will not suffice a man to absolve him of his obligation, for his recovery shows that his case was not really hopeless (and he should therefore repeat it), for the decisive factor in this respect is cessation of illness and restoration of his health.
Ibn Hazim is inclined to the first view. He says: “When the Prophet (peace be upon him) commanded to perform Hajj on behalf of those who are unable to walk or ride (i.e., cannot travel for Hajj), and told that this will pay off their debt to Allah, then indeed the debt is settled, and their effort accepted.” And surely if an obligation is removed or fulfilled, there is no justification for its repetition, especially when there is nothing in the texts to support it. Had such a repetition been necessary, the Prophet (peace be upon him) must have clearly mentioned it, but as he did not, there is no reason for its repetition.
Fiqh 5.14 a: Conditions for Performing Hajj on Behalf of Others
Before performing Hajj on behalf of someone else, a person must have performed his own Hajj . This is based on the hadith in which Ibn ‘Abbas narrates that the Prophet (peace be upon him) heard a man saying: “O Allah! Here I am in response to Your call on behalf of Shabrumah.” The Prophet (peace be upon him) asked him: “Have you performed your own Hajj?” He replied: ” No”, whereupon the Prophet (peace be upon him) told him: “You must perform Hajj on your own behalf first, and then tor
Shabrumah.” (Abu Daw’ud and Ibn Majah) Al-Baihaqi says: “Its chain of authorities is sound, and in this regard it is the most genuine report.”
Most of the scholars hold that it is not proper for a person to perform Hajj on behalf of others prior to performing it on his own behalf, whether or not he is able or unable to do so.
Fiqh 5.14 b: Hajj in Fulfillment of a Vow While Having to Perform Obligatory Hajj
According to the verdict of Ibn ‘Abbas and ‘Ikrimah if a person performs Hajj in fulfillment of a vow, while he has yet to perform the prescribed Hajj, then it should suffice him (and absolve him) from both. ‘Ata and Ibn ‘Umar, on the other hand, hold that one must first perform the Hajj obligatory on him, and thereafter perform another Hajj to fulfil his vow.
Source: Fiqh us Sunnah
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