Chapter: Hiring Someone to Perform Ḥajj or ʿUmrah and Making a Bequest for That Purpose

Hiring a person to perform ḥajj on behalf of a deceased Muslim is permissible, provided the deceased had stipulated it in his will. If, however, the testator had not yet performed the obligatory ḥajj for himself, it is not permissible to commission a minor or a slave to undertake the pilgrimage for him. This restriction concerns only the obligatory pilgrimage; with a voluntary ḥajj it does not apply.

Anyone who, after performing ḥajj for himself, voluntarily undertakes a ḥajj or ʿumrah on behalf of another performs a commendable act, so long as the person for whom it is done is deceased. If the deceased directs that one of his heirs perform ḥajj on his behalf, that instruction is valid; the heir may take a wage comparable to what such a service normally commands. Any amount beyond that is treated as a bequest: if the other heirs approve it stands, otherwise the surplus reverts to the estate.

It is disliked to undertake a supererogatory ḥajj before discharging one’s obligatory ḥajj, and likewise to hire oneself out for that purpose. Yet should either be done, the deed is deemed effective according to Mālik.

When the deceased leaves several bequests, the executor withholds up to one-third of the estate, distributes the remainder to the heirs, and then hands the allotted sum to the person engaged to perform the ḥajj. If that money is subsequently lost—whether before or after it reaches the deputed pilgrim—no liability rests upon the heirs.

In Mālik’s view, hiring for ḥajj takes two forms: the first is a guaranteed contract