Question:
Assalamualaikum Dato’ Seri. I have a question regarding hajj. If a person already performs hajj, but set an intention of a nazar to perform it again, if what he intended did happen, then is it permissible for him to do badal hajj with the same hajj (nazar)?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Hajj is one of the pillars of Islam as stated in hadith narrated by Ibnu Umar RA, where he narrated that the Prophet PBUH said:
بُنِيَ الإِسْلاَمُ عَلَى خَمْسٍ شَهَادَةِ أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ، وَإِقَامِ الصَّلاَةِ، وَإِيتَاءِ الزَّكَاةِ، وَالْحَجِّ، وَصَوْمِ رَمَضَانَ
Allah's Messenger (ﷺ) said: Islam is based on (the following) five (principles): (1) To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Messenger (ﷺ). (2) To offer the (compulsory congregational) prayers dutifully and perfectly. (3) To pay Zakat (i.e. obligatory charity). (4) To perform Hajj. (i.e. Pilgrimage to Mecca) (5) To observe fast during the month of Ramadan.
Sahih al-Bukhari (8)
Badal Hajj (Hajj by Proxy)
Hajj by Proxy is famously known as Badal Hajj. It is invalid to do so if the person himself is still able to perform it.
Imam Nawawi in his commentary stated: “Majority of the scholars (jumhur) said that it is permissible to do badal hajj upon a deceased and sick person who already has no possibility to be cured”. (Refer: Syarah al-Nawawi ala Muslim, 8/27)
Dr Wahbah al-Zuhaili in his book states that it is permissible for a person to do hajj on behalf of others in two conditions:
- Prolonged sickness in which his physical health forbids him from doing hajj. This probably due to his old age or sickness with no possibility of a cure. He is also capable in term of wealth to perform hajj. Besides, it is invalid to do badal hajj without the permission of the person if the person is alive.
- Pass away before performing hajj. Then, it is wajib (obligatory) for the warith (heirs) to perform hajj on his behalf, if the deceased is capable in term of wealth.
Also, it is permissible to perform hajj on behalf of the deceased or people with prolonged sickness in performing Sunnah hajj. (Refer: al-Fiqh al-Islami wa adillatuhu, 3/2098)
This is as a hadith narrated by Abu Razi al-Uqaili, where he said:
إِنَّ أَبِي شَيْخٌ كَبِيرٌ لاَ يَسْتَطِيعُ الْحَجَّ وَلاَ الْعُمْرَةَ وَلاَ الظَّعْنَ . قَالَ " احْجُجْ عَنْ أَبِيكَ وَاعْتَمِرْ "
“A man of Banu Amir said: Messenger of Allah, my father is very old, he cannot perform hajj and umrah himself nor can be a ride on a mount. He said: Perform hajj and umrah on behalf of your father.”
Sunan Abi Dawud (1810)
Requisites for Those Who Perform Hajj on Behalf of the Others
It is requisite for a person who is doing badal hajj for others to have already performed hajj. It is impermissible to do so if he has not yet performed his obligatory hajj, replaced or nazar hajj.
If a person set the intention of ihram for hajj or Sunnah umrah, while he has not yet completed obligatory hajj or umrah, he is considered as already performed the latter. And if a person set the intention of ihram for hajj or nazar umrah, while he has not yet completed obligatory hajj or umrah, he is considered already performed the latter. This condition may be used to analogically deduce it with a person who set the intention of ihram for others, while he himself has not yet completed his own obligation. (Refer: al-Mu’tamad fi al-Fiqh al-Syafie, 2/291-292)
This is as stated in a hadith where Ibnu Abbas reported that The Prophet PBUH heard a man says:
لَبَّيْكَ عَنْ شُبْرُمَةَ . قَالَ " مَنْ شُبْرُمَةَ " . قَالَ أَخٌ لِي أَوْ قَرِيبٌ لِي . قَالَ " حَجَجْتَ عَنْ نَفْسِكَ " . قَالَ لاَ . قَالَ " حُجَّ عَنْ نَفْسِكَ ثُمَّ حُجَّ عَنْ شُبْرُمَةَ "
Labbayk (always ready to obey) on behalf of Shubrumah. He asked: Who is Shubrumah? He replied: A brother or relative of mine. He asked: Have you performed hajj on your own behalf? He said: No. He said: perform hajj on your own behalf, then perform it on behalf of Shubrumah.
Sunan Abi Dawud (1811)
Nazar
Nazar means when one obligates oneself to perform any acts which drive himself towards Allah SWT. Syaikh Muhammad al-Zuhaili defines nazar in his writing:
اِلْتِزَامُ قُربُةِ لَم تَتَعَيَّن فِي الشَّرْعِ، إِمَّا مُطْلَقًا، أَوْ مُعَلَّقًا عَلَى شَيْء
Obligates oneself towards qurbah actions (be closer to Allah SWT) which is not indicated by syara’, either by absolute obligation or ta’liq (bound together) with specific acts.
(Refer: al-Mu’tamad fi al-Fiqh al-Syafie. 2/501)
In al-Fiqh al-Manhaji, nazar is defined as, setting iltizam (aspiration) to perform any non-obligated noble acts whether they are bound together with any specific actions or not. (Refer: al-Fiqh al-Manhaji ala Mazhab al-Imam al-Syafie, 3/21)
Nazar is one of the actions which are sanctioned by Allah. It is stated in the Quran:
وَلْيُوفُوا نُذُورَهُمْ
“and fulfil their vows”
Al-Haj (29)
Nazar to Perform Hajj
For nazar of performing hajj, he has to do it himself if he is capable to do so. If not, then he has to seek the help of others to perform it on his behalf even with wage. This is as the obligation of obligatory hajj which is performed by others in cases where he is unable to do so. (Refer: al-Fiqh al-Manhaji ala Mazhab al-Imam al-Syafi’e, 3/28)
Syeikh Muhammad al-Zuhaili stated, “Whoever sets a nazar of performing hajj, then he is obligated to fulfil it. However, if he is sick and being unable to perform the hajj while also being old, then it is permissible for him to request others to perform it on his behalf upon his permission. (Refer: al-Mu’tamad fi al-Fiqh al-Syafi’e, 2/514)
Conclusion
Based on the question and evidence stated before, it is concluded:
- Whoever sets a nazar to perform hajj, he himself has to fulfil it.
- Nazar Hajj cannot be set for intention (or done) by combining it with obligatory badal hajj. (hajj by proxy).
This is as what was stated by Imam al-Nawawi:
“It is impermissible to perform obligated badal hajj and nazar hajj at the same time, as a person is not permitted to do two obligatory acts in one time”. (Refer: al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyah, 42/35)
- It is requisite for those who intend to perform nazar hajj while also doing badal hajj for others to complete his obligatory hajj first.
Hence, it is impermissible to perform nazar hajj while also performing badal hajj for others.
May we be guided with true understandings in performing the acts of worship.
Besides, you may also refer to the articles:
AL-KAFI #955: BERNAZAR MENUNAIKAN IBADAH WAJIB
Al-KAFI #1003: BADAL HAJI BAGI ORANG YANG TIDAK SIHAT
AL-KAFI #433: HUKUM BADAL HAJI