according to the type of tawassul being practiced.
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If a person seeks the help of someone who is dead or physically absent and draws near to him with any act of worship—such as slaughtering an animal in his name, vowing to him, invoking him, asking him for succour, or requesting that he fulfil needs—then this constitutes major shirk (associationism), may Allah protect us. He has directed an act of worship to other than Allah, and whoever worships anything besides Allah with any form of worship has fallen into associationism and apostatised from Islam, even if he continues to pray, fast, perform the pilgrimage, and carry out other works. He has nullified his Islam by these nullifiers, Allah’s refuge is sought. His state is like that of someone who performs wuḍūʾ (minor ablution) and then breaks it; ritual impurity invalidates wuḍūʾ, and likewise shirk invalidates Islam. His praying and fasting will not benefit him so long as he seeks closeness to the dead or the absent—whether jinn, angels, or devils—through any act of worship, be it slaughtering for them, vowing to them, calling out their names, or asking them for help. All of that is major shirk.
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If the tawassul to the absent or the dead takes the form of calling upon Allah while making the deceased a mediator, saying, “O Allah, I ask You by the right of So-and-so” or “by the rank of So-and-so,” this is a bidʿa (blameworthy innovation). It does not reach the level of major shirk, yet it is still prohibited, a means that leads to shirk and opens the door to it. In short, it is not permissible to practise tawassul through the dead or the absent in any form. If one asks them to meet his needs, or offers sacrifice and vows to them, that is major shirk; and if he merely seeks Allah’s favour through their status or their supposed rights, that is a forbidden bidʿa and one of the avenues that lead to shirk.
As for what the questioner reports about this obstinate person who says, “I do not call upon them; I only supplicate Allah by virtue of their righteousness and piety,” this is exactly what the early idolaters said