Ruling on appointing a deputy to perform Hajj on one’s behalf

One of the following two scenarios must apply when a
person appoints someone to perform Hajj on his behalf:
 
1 – That is for an obligatory Hajj

2 – That is for a naafil Hajj. 

If it is for an obligatory Hajj, it is not permissible for a
person to appoint someone else to do Hajj and ‘Umrah on his behalf, except
in the case where he is unable to reach the Ka’bah himself because of an
ongoing illness for which there is no hope of a cure, or because of old age
and the like. If there is the hope of recovery from that sickness, then he
should wait until Allaah heals him and then perform Hajj himself.  

If there is no impediment to performing Hajj, rather he is
able to do Hajj himself, then it is not permissible for him to appoint
someone to perform it on his behalf, because he is the one from whom that is
required, personally. Allaah says (interpretation of the meaning): 

“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is
a duty that mankind owes to Allaah, those who can afford the expenses (for
one’s conveyance, provision and residence)”

[Aal ‘Imraan 3:97] 

The point of acts of worship
is that each person should do them himself, so that he will submit and
humble himself before Allaah. It is obvious that this purpose, for which
acts of worship have been prescribed, is not achieved in the case of one who
delegates someone else to do it on his behalf.
 

But if the person has already performed the obligatory Hajj
and he wants to appoint someone else to go and do Hajj and ‘Umrah, then in
this case there is a difference of opinion among the scholars. Some of them
said that it is permissible, and others disallowed it. The most correct view
in my opinion is that it is not allowed, because it is not permissible for
anyone to appoint someone else to perform Hajj or ‘Umrah on his behalf if
that is naafil, because the basic principle concerning acts of worship is
that each person should do them for himself. Just as no one can appoint
someone else to fast on his behalf, although if he dies and owes some
obligatory fasts, his heirs may fast on his behalf, the same applies to
Hajj, which is an act of worship which a person should do himself,
physically. It is not a financial act of worship which is intended to
benefit others. Because it is a physical act of worship which a person must
do himself, it is not valid if it is done by someone else on his behalf,
except in the cases mentioned in the Sunnah, but there is no mention in the
Sunnah of anyone doing a naafil Hajj on behalf of someone else. This is one
of the two views narrated from Imam Ahmad (may Allaah have mercy on him),
i.e., that it is not valid for a person to appoint someone to perform naafil
Hajj or ‘Umrah on his behalf, whether he is able to do it or not. 

Based on the above, the rich who are able to do Hajj
themselves should do it themselves, because some people spend many years not
going to Makkah and sending someone else to do Hajj on their behalf every
year. Thus they miss out on the purpose for which Hajj was prescribed, based
on their appointing someone else to perform Hajj on their behalf. End
quote. 

Fataawa Ibn ‘Uthaymeen, 21/136 

The scholars of the Standing Committee favoured the view that
it is permissible to do Hajj and ‘Umrah on behalf of a living person who is
unable to do that, even if that is naafil.  

It says in Fataawa al-Lajnah al-Daa’imah (11/81): 

If you have done ‘Umrah for yourself, it is permissible for
you to do ‘Umrah on behalf of your mother and father if they are unable to
do it because of old age or sickness for which there is no hope of a cure.
End quote. 

This view was also favoured by Shaykh Ibn Baaz (may Allaah
have mercy on him). When he was asked: “I want to perform Hajj on behalf of
my mother; is it essential to ask her permission, knowing that she has
already performed the obligatory Hajj?” 

He replied: 

If your mother is unable to perform Hajj because she is
elderly or is sick and there is no hope of recovery, then there is nothing
wrong with your performing Hajj on her behalf, even if that is without her
permission, because it is narrated that a man asked the Prophet (peace
and blessings of Allaah be upon him) for permission, saying, “O Messenger of
Allaah, my father is an old man who cannot perform Hajj and ‘Umrah.” The
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“Do Hajj and ‘Umrah on behalf of your father.” And a woman asked him for
permission saying, “O Messenger of Allaah, my father is an old man and
cannot perform Hajj and ‘Umrah and he cannot travel, can I perform Hajj on
his behalf?” He (peace and blessings of Allaah be upon him) said: “Do
Hajj on behalf of your father.” Similarly many ahaadeeth speak of performing
Hajj on behalf of the dead. End quote. 

Fataawa Ibn Baaz, 16/414.