Ibn Majah

Hadith Commentary: Benefits and Issues: This hadith establishes that if pilgrimage (Hajj) has become obligatory upon a person, but due to some excuse he is unable to perform Hajj himself, then another man or woman may perform Hajj on his behalf. This is the position of Imam Abu Hanifah rahimahullah, Imam Shafi'i rahimahullah, and Imam Ahmad rahimahullah. However, according to the Malikis, Hajj cannot be performed on behalf of someone else. According to the majority, if a wealthy person is unable to perform Hajj himself due to necessity, it is obligatory upon him to appoint someone to perform Hajj in his place. In this way, Hajj can also be performed on behalf of a deceased person. In fact, according to some jurists, if the deceased left behind wealth and Hajj had become obligatory upon him during his lifetime, then it is obligatory to perform Hajj on his behalf from his estate. This is also the view of Imam Shafi'i rahimahullah. According to the majority, the person performing Hajj on behalf of another (Hajj badal) should be someone who has already performed his own Hajj, and according to the Hanafis, this is not necessary, but it is preferable that he has performed his own Hajj before performing Hajj badal.

(1) From this blessed hadith, this important issue is established that performing Hajj on behalf of another person is legally permissible, provided that the one performing Hajj on behalf of another (Hajj-e-Badal) has already performed his own Hajj, as is mentioned in the hadith of Shubrumah, where the Messenger of Allah (sallallahu alayhi wa sallam) said to him: “First perform Hajj for yourself, then perform Hajj on behalf of Shubrumah.”

(2) It should be noted that if Hajj has become obligatory upon a person and some legitimate (shar‘i) excuse prevents him from performing Hajj himself—for example, he is chronically ill, extremely old, or unable to sit on a mount, etc.—then it is permissible to perform Hajj on behalf of such a living person.

(3) This also indicates that if a riding animal can bear it, more than one person may ride it at the same time. Furthermore, this is clear evidence of the great humility of the Messenger of Allah (sallallahu alayhi wa sallam) and the high status of Fadl (radi Allahu anhu), that he not only allowed someone of much lesser rank to ride with him, but also seated him behind himself on the same mount.

(4) From this blessed hadith, it is also learned that it is legally permissible for a non-mahram man to hear the voice of a woman. Those who consider a woman’s voice to be part of her ‘awrah (i.e., something that must be concealed), this blessed hadith refutes their position.

(5) If the scholar or teacher deems it appropriate, he may explain an issue to the questioner or student by giving an example, as the Messenger of Allah (sallallahu alayhi wa sallam) did.

(6) This blessed hadith indicates the virtue of showing kindness and good conduct towards parents. Taking care of them, paying off their debts if any, looking after their maintenance and expenses, and fulfilling their other religious and worldly needs are the responsibility of the children.

(7) This pertains to the Farewell Pilgrimage (Hajjat al-Wada‘). The Day of Sacrifice (Yawm al-Nahr) refers to the 10th of Dhu al-Hijjah, the day when the pilgrims return to Mina and perform the ritual stoning.

(8) “If he had a debt upon him”—this is an example that the Prophet (sallallahu alayhi wa sallam) gave to explain the issue to her; otherwise, it is not necessary that the ruling of Hajj was derived from the ruling of debt. Rather, both rulings were already known in the Shari‘ah. That is why Imam al-Bukhari (rahimahullah) titled this hadith: “When a person explains a known ruling by giving a clearer ruling as an example...etc.” Otherwise, in many issues, analogy (qiyas) does not apply—for example, if a person has missed prayers or fasts and is unable to perform them himself, another person cannot perform them on his behalf, and this is an agreed-upon issue.

(9) It should be remembered that analogy (qiyas) is applied only where there is no explicit ruling in the Shari‘ah; therefore, analogy is not permissible in opposition to the rulings of the Qur’an and Hadith.

English Translation:

In the first four narrations of this chapter, the questioner is a woman, and in the last four narrations, the questioner is a man, even though the incident is the same. Similarly, in the general narrations, the question is asked regarding the father, whereas in narration 5396, the question is about the mother. The reconciliation is as follows: the questioner was a man, and his young daughter was with him. First, the daughter asked the question, and then the man also asked. The question was regarding this man's father and mother. Since the girl was asking on behalf of her father, she used the words pertaining to her father. However, the person about whom the question was asked was the girl's grandfather. In any case, a grandfather can also be referred to as a father, and this is common in usage. Both of this man's parents were elderly, so the question was about both of them. From a narration in Musnad Abu Ya’la (Hadith: 6731, researched by Husayn Salim Asad), there is an indication of the aforementioned reconciliation, that the questioners were both the man and his young daughter. And Allah knows best. Some scholarly researchers are inclined towards preference; they say that in all the narrations transmitted through Imam Zuhri, only a woman is mentioned as the questioner. And these are the narrations of Bukhari and Muslim, so they are given preference. The point is that the questioner was a woman, not a man; the narrations mentioning a man as the questioner are less preferred. See also: (Ta’liqat Salafiyyah, new edition: 458/5)