Question (Q-55)
If someone is performing Hajj Al Badal, then does he perform the Qurbānī (Sacrifice) of Qirān and Tamattu’ on behalf of the person for whom he is performing Hajj, or does he perform the Qurbānī for himself? If he carries out any error thus incurring a penalty, is that penalty paid on behalf of the person for whom he is performing Hajj or is the penalty for himself?
Answer:
The sacrifice to be performed for Hajj ul Qirān and Hajj ut Tamattu’ is necessary (Wājib) upon the Hājī himself. Similarly, any sacrifice to be carried out due to an error (Dam) is necessary upon the person performing Hajj. Therefore, the person who is performing Hajj Al Badal will perform these sacrifices on behalf of himself and not on behalf of the person for whom he is performing Hajj. It is stated in Tanwīr ul Absār and its commentary, Durr ul Mukhtār,
دم القران والتمتع والجناية علي الحاج
“The sacrifice of Al Qirān, At Tamattu’ and errors is upon the Hājī.”
In the commentary of this statement, the Seal of the Jurists, Al ‘Allāmah Ibn ‘Ābidīn Ash Shāmī (رحمه الله تعالى) stated:
أي المأمور أما الأول فلأنه وجب شکراً علي الجمع بين النسكين و حقيقة الفعل منه وإن کان الحج يقع عن الآمر لأنه وقوع شرعي لا حقيقي و أما الثاني فباعتبار أنه تعلق بجنايته أفاده في البحر
“The sacrifice of At Tamattu’, Al Qirān and penalty is upon the one who is performing Hajj on behalf of another person. The reason why the sacrifices for Al Qirān and At Tamattu’ are upon him is that they are carried out to show gratitude for managing to combine the two rituals of Hajj and ‘Umrah. The actions of Hajj were physically carried out by him even though the Hajj occurred on behalf of the person who requested him to perform it on his behalf. The Hajj occurring for the person who requested him to perform it is in terms of the Sharī’ah legislating this, otherwise he is the one who carried out the actions of Hajj. As for the sacrifice due to mistakes, this is incumbent upon the one performing the Hajj as this sacrifice is connected to a mistake carried out by him.” This was explained in Al Bahr Ar Rāiq. (Radd ul Muhtār, Volume 2, Page 268, Published in Pakistan)
Allah (تعالى) is Most Knowing.
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
