The view closest to the truth is that appointing a proxy for a voluntary Hajj is never valid for one who is able. It should be said to the able person: either perform Hajj yourself, or do not perform Hajj at all. As for one who is incapable, extending the ruling of the obligatory Hajj to a voluntary Hajj is burdensome to accept. One cannot state with certainty that the voluntary act takes the same ruling as the obligatory one, because the obligatory duty is binding and a person is held accountable for it, whereas a voluntary act is supererogatory and not binding. Thus, the fact that the Sacred Law permits appointing a proxy for an obligatory duty does not necessarily mean that it permits it for a voluntary act, for a person has latitude with respect to voluntary acts.

The argument that, if it is permissible in the obligatory Hajj, then it is more appropriately permissible in the voluntary Hajj, is weak. It is true that the obligatory duty makes a stronger demand that a person carry it out physically; nevertheless, the basic principle regarding acts of worship is that appointing a proxy is not allowed, so we confine this to what has been reported.

For this reason, some people appoint proxies for numerous voluntary pilgrimages on behalf of their father, mother, paternal uncle, maternal uncle, and the like, while they themselves remain seated despite having no incapacity. Then where is the Hajj which the Messenger of Allah, peace and blessings be upon him, described as jihad when Aishah, may Allah be pleased with her, asked him, “O Messenger of Allah, is there jihad required of women?” He replied, “They have a jihad in which there is no fighting: Hajj and umrah.” (1)

Fifth: the two testimonies of faith. Appointing a proxy in this matter is absolutely impermissible. If a non-Muslim were to say, “So-and-so, I wish to become Muslim, but I appoint you to bear testimony on my behalf,” this would not be valid—even if it were documented by a notary.

The principle, then, is that the basic rule concerning acts of worship is that appointing a proxy in them is not permitted, because doing so defeats the purpose of worship: humbling oneself before Allah and worshipping Him. Therefore, it is restricted to what has been reported.