Question:
Assalamualaikum ustaz. Is it permissible for me to perform badal umrah voluntarily for a person who died? Thank you.
Answer:
Waalaikumussalam wrt. wbt.,
Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions, and all those who follow his footsteps until the Final day.
We begin with the statement of Allah SWT:
وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّـهِ
“And complete the Hajj and ‘umrah for Allah.” [1]
Scholars have agreed in deciding that hajj is obligatory, there isn’t any one of them who are of the consequent opinion. Thus, they ruled anyone who denies something that is thabit with al-Quran, al-Sunnah and ijma’ as disbelievers. Likewise, according to a clearer opinion from Imam al-Syafi’I, umrah is also an obligation just as hajj is and the above verse is the evidence they used to support their opinion stating that umrah is obligatory. Furthermore, they agreed that hajj and umrah is obligatory for those who are capable and only once in a lifetime. [2]
Performing badal hajj
Regarding this matter, Imam al-Nawawi stated jumhur of scholars are of the opinion that it is permissible to appoint a proxy to perform hajj for a person who has passed away and is sick when there is no hope for him to recover. [3]
This is based on a hadith from Ibn Abbas R.Anhuma:
أَنَّ امْرَأَةً مِنْ جُهَيْنَةَ جَاءَتْ إِلَى النَّبِيِّ -صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ- فَقَالَتْ: إِنَّ أُمِّي نَذَرَتْ أَنْ تَحُجَّ فَلَمْ تَحُجَّ حَتَّى مَاتَتْ، أَفَأَحُجُّ عَنْهَا؟ قَالَ: نَعَمْ حُجِّي عَنْهَا، أَرَأَيْتِ لَوْ كَانَ عَلَى أُمِّكِ دَيْنٌ أَكُنْتِ قَاضِيَةً؟ اقْضُوا اللَّهَ، فَاللَّهُ أَحَقُّ بِالْوَفَاءِ
“A woman from the tribe of Juhaina came to the Prophet (ﷺ) and said, “My mother had vowed to perform Hajj but she died before performing it. May I perform Hajj on my mother’s behalf?” The Prophet (ﷺ) replied, “Perform Hajj on her behalf. Had there been a debt on your mother, would you have paid it or not? So, pay Allah’s debt as He has more right to be paid.” [4]
Likewise, in another narration from Ibn Abbas R.Anhuma, he said:
كَانَ الفَضْلُ رَدِيفَ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَجَاءَتِ امْرَأَةٌ مِنْ خَشْعَمَ، فَجَعَلَ الفَضْلُ يَنْظُرُ إِلَيْهَا وَتَنْظُرُ إِلَيْهِ، وَجَعَلَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، يَصْرِفُ وَجْهَ الفَضْلِ إِلَى الشِّقِّ الآخَرِ، فَقَالَتْ: يَا رَسُولَ اللَّهِ إِنَّ فَرِيضَةَ اللَّهِ عَلَى عِبَادِهِ فِي الحَجِّ أَدْرَكَتْ أَبِي شَيْخًا كَبِيرًا، لاَ يَثْبُتُ عَلَى الرَّاحِلَةِ، أَفَأَحُجُّ عَنْهُ؟ قَالَ: «نَعَمْ»، وَذَلِكَ فِي حَجَّةِ الوَدَاعِ
“‘Al-Fadl Ibn ’Abbas was riding behind the Messenger of Allah (ﷺ) when a woman from the tribe of Khath‘am came along, and al-Fadl started looking at her and she also started looking at him. The Messenger of Allah (ﷺ) kept on turning al-Fadl’s face to the other side. She said, ‘O Messenger of Allah! Allah has prescribed Hajj for His servants, and it has become due on my father who is an old man, who cannot sit stable on his mount. Shall I perform Hajj on his behalf?’ The Prophet (ﷺ) replied, “Yes, you may.” This incident took place during the Farewell Pilgrimage of the Prophet (ﷺ).” [5]
The above hadith contains an explanation of the permissibility of performing badal hajj for a person who has passed away. This is the opinion of scholars among the companions of the Prophet PBUH and other than them such as al-Thauri, Ibn al-Mubarak, al-Syafi‘i, Ahmad and Ishaq. Furthermore, it shows the facilitation for those who are old and incapable to fulfil the obligation of hajj themselves. This is the opinion of Ibn al-Mubarak and al-Syafi’i. [6]
For further discussion on this matter, you can refer to our previous article: #228: Badal Hajj for a Deceased. [7]
Performing badal umrah
Generally, jurists are of the opinion that it is permissible to perform badal umrah for others, for the worship of umrah is the same as the worship of hajj, hence, it is permissible to appoint it to another person. Likewise, the reason is the worship of umrah and hajj is a worship that is in the physical and wealth form.
As for the details of it, scholars of madhhab Hanafi stated that it is permissible to perform umrah for another person on his order, for the permissibility of performing it through a proxy and a proxy isn’t sabit except with an order. Thus, if a person asked another to perform umrah on his behalf, the person asked to set the intention for ihram and perform umrah, then this matter is permissible because he was asked to. While scholars of madhhab Maliki are of the opinion that badal umrah is makruh, if it is performed, then it is valid.
Moreover, scholars of madhhab Syafi’I stated that it is permissible to perform badal umrah on behalf of a person who has passed away or those who are incapable to perform it themselves – due to debilitation. Thus, for a deceased who hasn’t performed the obligatory umrah – since he was capable but he didn’t perform it until he died – then it is obligatory to perform umrah on his behalf using the property he left. If a stranger performed umrah on his behalf, then it is permissible although without obtaining his permission the same as a person who settled the debt of another without first attaining the debtor’s permission. Likewise, it is also permissible to perform badal sunnah umrah for a person incapable to perform it himself – due to a debilitation – the same as it is permissible to perform badal umrah for a deceased.
Whereas scholars of madhhab Hanbali stated that it is impermissible to perform badal umrah for a person who is still alive without his permission, for it is a worship that is permissible through proxy. Hence, it is impermissible to appoint a proxy without permission from him. As for a deceased, it is permissible to perform badal umrah without his permission. [8]
Regarding this matter, there is a hadith from Abu Razin where he said Rasullullah PBUH said:
يا رسولَ اللَّهِ إنَّ أبي شيخٌ كبيرٌ لاَ يستطيعُ الحجَّ ولاَ العمرةَ ولاَ الظَّعن. قالَ: احجج عن أبيكَ واعتمر
“Messenger of Allah, my father is very old, he cannot perform hajj and umrah himself nor can be ride on a mount.” The Prophet PBUH said: “Perform hajj and umrah on behalf of your father.” [9]
Conclusion
According to the above discussion and deliberation, in our opinion, it is permissible to perform badal umrah as it is permissible for the worship of hajj, for both of these worships can be performed through proxy. Moreover, the ruling for badal umrah is obligatory according to some scholars for a deceased who was capable to perform umrah during his life but didn’t perform it until he died.
May Allah SWT grant us all a clear understanding in practising this religion. Amin.
Wallahu a’lam.
[1] Surah al-Baqarah: 196
[2] See al-Fiqh al-Manhaji,2/115-116; al-Idhah fi Manasik al-Haj wa al-Umrah, pg. 378-379.
[3] See al-Minhaj Syarh Sahih Muslim, 8/27.
[4] Narrated by al-Bukhari (1852)
[5] Narrated by al-Bukhari (1513)
[6] See Fiqh al-Sunnah, 1/637.
[7] See https://maktabahalbakri.com/228-badal-haji-bagi-orang-yang-meninggal-dunia/.
[8] See al-Mausu‘ah al-Fiqhiyyah al-Kuwaitiyyah, 30/328-329.
[9] Narrated by Abu Daud (1810); al-Tirmizi (930); al-Nasa’i (2621)
