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Fatwa CenterMay an epileptic person authorize someone to perform Hajj on his behalf?
Question
I am 41 years old. I have been affected with epilepsy for more than 17 years. I sought treatment in several countries, but in vain. I take medications at regular fixed times. I want to perform Hajj to the House of Allaah Almighty, but I undergo fits of epilepsy on an irregular basis. Sometimes, I suffer a fit of epilepsy once every week, and at other times, I get it once every two weeks, while at some other times, I experience fits of epilepsy for two or three days in a row. Once, I was in the mosque performing the Taraweeh prayer and all of a sudden a fit of epilepsy attacked me. I lose my consciousness and my right hand and leg begin to shake. At times, I urinate on myself. So, is it permissible to send someone to perform Hajj on behalf of myself? Kindly note that I get extremely annoyed because of crowdedness, and this disease is uncontrollable and its fits may attack me during the performance of the rituals of Hajj, which are many and burdensome, as I have heard.
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If a person is not able to perform Hajj due to old age or a chronic disease that is unlikely to be cured, and he has the financial ability to afford Hajj, then it is incumbent on him to authorize someone else to perform Hajj on his behalf.
The Maaliki scholars maintained that as long as he is not able to perform Hajj, it is not incumbent on him to perform it, and it is not valid, according to them, for someone to perform Hajj on behalf of another.
As for the case of the questioner, he apparently is not of this kind, for he is sound at most times and enjoys his mental faculties. Hence, he is not allowed to authorize someone else to perform Hajj on his behalf, for he is likely to get cured. However, if it is feared that he may suffer fits of epilepsy during the Hajj or might get troubled because of the crowdedness, then he may delay Hajj until Allaah Almighty cures him. He is not required to perform Hajj on an immediate basis, according to the view that suggests that Hajj is obligatory on an immediate basis. In Ash-Sharh Al-Mumti‘, commenting on the author's words, "If he is unable due to old age or a disease that is not likely to get cured, then he is required to authorize someone to perform Hajj and ‘Umrah on behalf of him," Shaykh Muhammad ibn Salih Al-‘Uthaymeen 
said:
It is understood from the author's words that if the disease is likely to be cured, then he is not required to authorize someone to perform Hajj on behalf of him and he is not required to perform Hajj by himself, given his inability. Moreover, he may defer the performance of Hajj as, due to his disability, he is not subject to the obligation of performing it on an immediate basis.
Allaah Knows best.
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