Which Type of Hajj to Perform in Hajj Badal

Question

Hajj was obligatory (fard) upon a person, yet he did not perform it; moreover, at the time of death he did not leave a bequest to his heirs to have Hajj badal (proxy Hajj) performed on his behalf. Now the son of the deceased has someone perform Hajj badal for his father, and the person going for Hajj enters ihram on behalf of the deceased with the intention of the obligatory Hajj itself, in this way: “I am entering the ihram of that very obligatory Hajj which was obligatory upon so-and-so son of so-and-so,” and…

Answer

(1) The deceased did not make a bequest for Hajj badal; if the heirs have Hajj badal performed on his behalf and the proxy performs it on behalf of the deceased with the intention of the obligatory Hajj, then, in sha’ Allah, it will suffice for the obligation of the deceased. (2) It is more cautious not to perform tamattu‘ in such a case. (3)

Source: Fatawa Mahmudiyya

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