How to calculate the expenses of a Hajj by proxy?

21/10/2012| IslamWeb

Question

How can we calculate the costs of performing Hajj on behalf of someone else? Is it permissible to add the value representing a 50% deduction of my salary which my company will deduct in return for the leave I will take in order to travel for Hajj? I hope you can benefit me with this information. May Allah reward you.

Fatwa

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

The costs of Hajj performed by a person on behalf of someone else is to be calculated based on what is commonly known by the people in their country as sufficient to cover the expenses of Hajj, and these costs vary from one country to another.

The costs include all the expenses the person has to bear on account of this journey. This also includes the salary which will be deducted from that person if he will perform Hajj on behalf of the other person free of charge. Also, the one performing Hajj should return what remains of the expense money upon his return to the one on whose behalf it was performed if he is alive or to his heirs if he is dead.

As-Sarkhasi, the Hanafi scholar said, "If the deceased had made a will that someone should perform Hajj on his behalf, then after having performed Hajj on the deceased's behalf, if the one performing it returns with extra clothes or money, then they should be handed over to the heirs of the deceased. This is because the one who performs Hajj on behalf of someone else does not own the money that is paid to him for the Hajj expenses; he only owns what is given to him for Hajj expenses if he is hired to perform Hajj and the money is given to him as a fee in return for this task." [End of quote]

If a person accepts a fee in return for performing Hajj on behalf of someone else, then the costs should be calculated based on an agreement between this person and the one on whose behalf Hajj is to be performed. The agreement may include compensation paid to this person in return for the amount that will be deducted from his salary. It is noteworthy that the ruling for performing Hajj on behalf of someone else in return for a fee is a controversial one among the scholars and the preponderant opinion is that it is permissible.

Allah Knows best.