and the second is an expenses-only contract.

1. The guaranteed contract concerns a pilgrimage defined in detail, starting from a known point of departure, for an agreed wage. Whatever the deputy saves from his expenditure he may keep; any shortfall he must cover himself. If he dies before completing the rites, he is entitled to a proportionate share of the fee for what he has already performed, and the balance is recovered from him or from his estate.

2. In the expenses-only contract a man hands another a sum to spend while performing ḥajj on behalf of the deceased. Should anything remain, it is returned to the employer; if the money is insufficient, the employer must supply the remainder. If the funds are lost after the deputy has entered iḥrām, the employer is still liable for his expenses; but if they are lost before iḥrām the deputy turns back and does not proceed. The majority of scholars do not permit this type of contract.

3. If a testator stipulates that a particular person perform ḥajj for him and that person refuses, the duty is transferred to someone else—provided the beneficiary of the bequest has not yet done his own obligatory ḥajj. If he has already performed his personal ḥajj, the bequest is void and the money reverts to the estate.

4. When a fixed sum is set aside for the deputed ḥajj and someone can be found to perform it for less, the surplus is returned to the heirs, unless the will designates an individual, in which case the entire amount belongs to that person.

5. If a deputy is hired to perform ifrād (ḥajj alone) but instead performs qirān (combining ḥajj and ʿumrah), most of Mālik’s companions hold that the obligation is fulfilled for the testator, yet the deputy must slaughter a compensatory animal. Ibn al-Qāsim maintains that it is not fulfilled and must be repeated. According to Mālik, the same hire would be valid if the deputy performed tamattuʿ; by analogy with Ibn al-Qāsim’s view it would not. In my judgment it does suffice, but the deputy must still offer the compensatory sacrifice.

6. A person hired to perform ḥajj may not sub-contract the task unless that authority is expressly granted to him. If he is hired for a specific year but an impediment delays him until the next year, the pilgrimage still counts. Hiring someone to perform ʿumrah is lawful in the same way as hiring for ḥajj.