Main Page

Hajj Application

Group Pictures

General Details :

Show / Hide Sub sections

  • OBLIGATION OF HAJJ (2)

  • Various Kinds Of Hajj (4)

  • Various Kinds Of Umrah (1)

  • Rituals Of Hajj – Umrah (13)

  • Rituals Of Hajj – Hajj (12)

  • Prohibitions Of Hajj (4)

  • Morals Of Hajj (9)

  • Other Topics for Hajj (4)

  • Definition Files and ads (11)

Services :

  • The main page for website

  • The archive for the website

  • Make website your homepage

  • Add website to your favourites

  • Contact Us



  • Main section : General Details : .

        • Sub section : Other Topics for Hajj .

              • Topic : Hajj by agent (Niyabah) .

Hajj by agent (Niyabah)

Hajj by agent (Niyabah)

Qualifications of an agent:

 First: Puberty: An obligatory pilgrimage performed by a minor as an agent of another is not valid, whether it is Hijjatul Islam or any other even if the minor is intelligent. However, it may be correct to say that an optional pilgrimage performed by a minor as an agent of another with the approval of his guardian is valid.

 Second: Intelligence: - A pilgrimage performed as an agent by a person of unsound mind is not valid, whether the disease is permanent or intermittent if the pilgrimage is performed when affected. However, there is no objection to him performing as an agent of a lunatic.

 Third: Faith - As a matter of precaution, a person who is not a twelver cannot become an agent even if he were to perform the pilgrimage in accordance with the rules of our faith.

 Fourth: There must be no obligation on the agent himself, which he would be carrying out, to perform an obligatory pilgrimage in the year in which he is appointed. If he is unaware or unmindful of his obligation he can be appointed an agent. This condition affects the validity of the appointment of the agent, not the validity of the pilgrimage of the agent. Thus, even if there was an obligation on the agent to perform a pilgrimage personally, the obligation of his principal for the performance of the pilgrimage will be discharged. However, the agent will not be entitled to the stipulated remuneration but only the usual amount.

 It is not necessary that the agent should be righteous (Adil) but he must be reliable in the performance of the pilgrimage on behalf of the principal.

The principal on whose behalf the pilgrimage is performed will become discharged from his obligation only upon the valid completion of the pilgrimage by the agent. It follows that the agent must be conversant with the performance of the pilgrimage and its rules even if by following the guidance of another in all the ceremonies. When a doubt arises in his performance of the ceremonies during the pilgrimage, he can ignore it.

 There is no objection to the appointment of an agent for an intelligent minor or a person of unsound mind. Indeed, an agent must be appointed if the pilgrimage became obligatory on a person of unsound mind during his period of sanity but died insane.

 There is no requirement that the principal and agent should be homogeneous. The appointment of a male agent for a female principal and vice versa is valid.

 There is no objection in appointing as an agent a person who has not been to a pilgrimage before, whether the principal had been on pilgrimage before or not. The gender of the agent or the principal does not matter. Some scholars say that it is discouraged to appoint as an agent a person who has not been on a pilgrimage before, but this is not proved. However, in the case of a principal who is is alive but has not been able to perform the Hijjatul Islam or had a pilgrimage fixed on him but died before performing it, it is preferable to appoint as an agent a person who has not been on pilgrimage before.

 It is necessary that the principal must be following Islam and the appointment as an agent for an infidel is invalid even if the infidel has died with means. If his heir is a Muslim, it is not obligatory on him to appoint an agent to perform an obligatory pilgrimage for the deceased and an enemy of Ahlul Bait is also regarded as an infidel except that it is permissible for a son of such a person himself to perform an obligatory pilgrimage for his father if he is a twelver, but not for the relatives. However, a twelver can perform a pilgrimage and dedicate it to a relative who is an enemy of Ahlul Bait.

 There is no objection in appointing an agent to perform an optional pilgrimage for a living person, whether gratuitously or for reward. The same is the rule in respect of an obligatory pilgrimage for a person who is disabled from performing it personally. Except for this reason it is not permissible for a living person to appoint an agent to perform a pilgrimage on his behalf. An appointment of an agent for a dead person is always valid, whether gratuitous or for reward and whether for an obligatory or an optional pilgrimage.
It is necessary for the validity of the agency that the intent must be to perform the pilgrimage on his behalf. A principal who should be a definite and identified person. Although it is not necessary that his name be uttered, it is recommended that the principal be remembered in all the ceremonies.

 Just as the performance of an obligatory pilgrimage is valid whether it is gratuitous or by permission, so is it valid if it is for reward or in fulfilment of a condition of marriage.

It is apparent that the agent must act as if the pilgrimage is for himself with regard to the rules on disabilities and as they would have applied to him in his pilgrimage and also the rules relating to the order of the ceremonies.; In the result a pilgrimage can be valid in one case but not in another. For example, if the disability occurs during the stay at Arafaat, he can choose the emergency stay and the pilgrimage is valid and the principal released from the responsibility. However, if he was unable to remain in Arafaat for either the normal or the emergency stay, his pilgrimage is invalid.

 It is not permissible to engage a person who knows he will be unable to perform some of the ceremonies, whether the pilgrimage is performed by the agent gratuitously or not. However, there is no objection in engaging a person who knows that he will move under a shade or will omit ceremonies which would not invalidate the pilgrimage even though the omission was deliberate, like Tawaafun Nisah or staying in Mina for the evenings of 11th or l2th.
 
 If the agent dies before wearing ihram, the pilgrimage is not valid for the principal and it is obligatory to appoint another agent to perform the pilgrimage again. If the agent dies after wearing ihram, the pilgrimage will be valid and it is clearly so if he dies after wearing ihram in the precincts of the Holy Mosque. There is no difference in this regard between Hijjatul Islam and other obligatory pilgrimages when the agency is for reward.

If the agent dies after wearing ihram and entering the Holy Mosque, he is entitled to his full remuneration if his appointment was to have the deceased discharged from his obligation. However, if his appointment was to perform certain ceremonies, he will be entitled to so much of the agreed remuneration as would be commensurate with the ceremonies performed by him and if he died before wearing ihram, he would not be entitled to anything. However, if the part relating to preliminaries is included in the agreement of the agency, then he would be entitled to the remuneration proportionate to the task undertaken by him.

 If the appointment was from the country of the principal but the route to be taken by him to Makkah was not specified, the agent is free to choose his route. However, if the route has been laid out in the agreement, it is not permissible to disregard it. If the agent proceeds by another route but completes the ceremonies, then if the provision the route in the agreement of agency was only as a condition, and not a specific term of the agreement, the agent is entitled to his full remuneration. However, the other side is entitled to repudiate the agreement for the breach of the condition in which event the agent will be able to recover only the usual remuneration paid for the pilgrimage and not the agreed remuneration. If the specified route was a term of the agreement, the other side can again repudiate it. If it is repudiated, the agent is entitled to the usual remuneration for the parts of the agreement he performed but not for the route he took and the parts with which he did not comply will be ignored. However, if it is not repudiated, the agent is entitled to the agreed remuneration.

 If a person agrees to become an agent for another to perform an obligatory pilgrimage in a specified year and then agrees with another person to perform an obligatory pilgrimage on his behalf in the same year, the second agreement is invalid. The two remuneration would be valid if they are charged in respect of different years or if one or both of them were not to be performed immediately.

 If a person agrees to perform a pilgrimage as an agent in a specified year, it is not permissible for him to do so in an earlier or subsequent year than that specified without the consent of the person who appointed him. However, the principal will be discharged from obligation by the performance in the different year. But the agent will not be entitled to claim his remuneration if he hastened or delayed the pilgrimage without the consent of the person who appointed him.
 
 If an agent is prevented or blocked from performing the ceremonies, the same rules apply to him as would have applied to the principal if he had been performing the pilgrimage personally. These rules will be set out below. If the agency agreement was confined to that year, it becomes annulled. If it is not so confined, the liability to perform it remains on his shoulders but the person who had appointed the agent can repudiate it if there was a condition that the pilgrimage be performed in that year.

 If the agent commits an act which attracts a penalty (kafarah), he must meet it from his personal property, regardless of whether the agency is gratuitous or for reward.

 If the remuneration for the pilgrimage is a fixed sum which proved insufficient for the expenses of the pilgrimage, it is not obligatory on the appointor to subsidise the deficit just as if the remuneration proved in excess of the expenses, the agent would not be obliged to refund the excess.

 If a person is appointed an agent to perform an obligatory or an optional pilgrimage but vitiates it by having intercourse before reaching Mash'ar, it is obligatory on him to complete the pilgrimage and it will be valid for the principal. It is obligatory on the agent to perform an obligatory pilgrimage in the ensuing year and pay a penalty but it is obvious that he is entitled to his remuneration. If he does not perform the pilgrimage in the ensuing year, far good reason or without, the rule still applies requiring him to perform the pilgrimage at his own expense.

 Although by the agreement of agency, the remuneration becomes the property of the agent, it is not obligatory to make payment to him until he has completed the pilgrimage unless there was express agreement for earlier payment. It is clear that the agent can stipulate that the remuneration be paid before the pilgrimage, for generally it is not usual that an agent should proceed on the pilgrimage and undertake all the ceremonies without having received the remuneration.
 
 If a person is appointed an agent, he cannot substitute another person for himself without the consent of his appointor.

 If a person is appointed an agent to perform Hajj-ul-Tamatoo in good time but per chance the time becomes short and the agent changes the Umrat-ul-Tamatoo into Hajj-ul-Ifraad and after completing it performs the Umrat-ul-Mufradah, the obligation of the principal will be discharged. However, the agent will not be entitled to his remuneration if his appointment was conditional on the performance of the ceremonies. If, on the other hand, it was conditional on the obligation of the deceased being discharged, he will be entitled to the remuneration.

If the pilgrimage is optional, there is no objection to the agent performing it on behalf of a number of persons. With regard to obligatory pilgrimages, an agent can perform it on behalf of one person only except if the pilgrimage has become obligatory on two or more persons jointly. For example, if two persons make a vow that they will together with a third jointly contribute towards the remuneration of an agent to perform a pilgrimage, then in such a case it is permissible for them to appoint one agent on their behalf.

 If the pilgrimage is optional, there is no objection to a number of persons becoming agents in one year on behalf of one person, living or dead, gratuitously or for reward. The same rule applies to obligatory pilgrimages, if they are many. For example, there may be two pilgrimages obligatory on a person, living or dead, in respect of two vows, or one of them may be Hijjatul Islam and the other obligatory by reason of a vow. In such circumstances, it is permissible to appoint two agents, each to perform one of them. Similarly, it is permissible to appoint two agents, one of them in respect of an obligatory and the other an optional pilgrimage. It is not far from correct to say that two persons can be appointed agents for the same obligatory pilgrimage like Hijjatul Islam as a matter of precaution in the fear that the pilgrimage of one of them may be spoiled.

 To make Tawaaf for oneself has been recommended. It is permissible to appoint an agent to do so on behalf of a deceased and also a living person who is away from Makkah or although he is in the city is unable to perform it himself immediately.

 There is no objection to an agent performing an Umrat-ul-Mufradah for himself or another person on completion of the pilgrimage for which he was appointed. Likewise, he can then make Tawaaf for himself or another person. like Hijjatul Islam as a matter of precaution in the fear that the pilgrimage of one of them may be spoiled.

 To make Tawaaf for oneself has been recommended. It is permissible to appoint an agent to do so on behalf of a deceased and also a living person who is away from Makkah or although he is in the city is unable to perform it himself immediately.

 There is no objection to an agent performing an Umrat-ul-Mufradah for himself or another person on completion of the pilgrimage for which he was appointed. Likewise, he can then make Tawaaf for himself or another person.

  Print || Tell a friend || Add a comment || Date : 2014/05/07 || Readers : 1934





Search :


  

New :



• Visit the holy shrines in Iraq Mar. Apr. 2018

• Visit the holy shrines in Iraq Dec. 2017

• Details of Imam Al-Khoei Hajj Group For Itinerary Year 2018 - 1439 Hijri

• Pictures of Imam Al-Khoei Hajj Group in New York For Year 2017 - 1438 Hijri

• Pictures of Imam Al-Khoei Hajj Group in New York For Year 2016 - 1437 Hijri

• Details of Imam Al-Khoei Hajj Group For Itinerary Year 2017 - 1438 Hijri

• Details of Imam Al-Khoei Hajj Group For Itinerary Year 2016 - 1437 Hijri

• Visit the holy shrines in Iraq Apr. 2016

• Pictures of Imam Al-Khoei Hajj Group in New York For Year 2015 - 1436 Hijri

• Pictures of Imam Al-Khoei Hajj Group in New York For Year 2014 - 1435 Hijri

Random :



• Pictures of Imam Al-Khoei Hajj Group in New York For Year 2012 - 1433 Hijri

• Al - IHRAM

• Tawaaf ul nisa and its salat

• THE PROCEDURE FOR IHRAM

• Stay in Mina

• COURTESIES IN IHRAM DURING THE STAY AT ARAFAAT

• DOUBT AS TO THE NUMBER OF ROUNDS

• Throwing pebbles at jamaraat

• Pictures of Imam Al-Khoei Hajj Group in New York For Year 2010 - 1431 Hijri

• THE RECOMMENDED ACTS IN IHRAM

Statistics :

  • Main sections : 3

  • Sub sections : 10

  • Nb. of Topics : 69

  • Views : 237432

  • Date : 19/12/2018 - 05:57

 
Designed, Hosted & Programmed By : ΗαΓδζΗΡ ΗαΞγΣΙ @ Anwar5.Net