Abstract:
Representation in Hajj has been discussed and argued in various contexts since the early centuries of the Islamic period. In the jurisprudential sense, representation means becoming a substitute for another person to perform a certain action, and from this point of view, it is similar to power of attorney, which also includes the concept of making possession lawful or influencing possession. According to jurisprudence, the deputy in Hajj should have the intention of becoming the deputy and the intention of the curse should be determined by the intention. If the vicegerent dies after entering ihram and entering the shrine, Hajj is permissible for him and the vicegerent, and the vicegerent will be entitled to all the rent. The rule is that it is not permissible to represent two people in one year; But this rule has two exceptions: first, representation in Hajj and second, the occurrence of coercive conditions. The result is that in case of incapacity of the person, representation in the dimensions of Hajj is separate from him. But if there is anything left from the reward after the end of the Hajj, it is a vicegerent for himself. And if the reward for completing Hajj is low, it is not obligatory to complete it on the basis of the curse, unless it is mentioned in the contract. Therefore, the present article, taking into account the above issues in a descriptive-analytical manner and relying on jurisprudential sources and narrations among Imami and Sunni jurists to the rulings, deputy and subordinate conditions regarding performing Hajj in special cases, compulsory and. .. will pay.
Machine summary:
Then, jurists, in explaining the reality of wakalat and clarifying its rulings, have stated that: in wakalat, the contract is conditional upon any wording that indicates the intended purpose; furthermore, they have said that in the wording of the wakalat contract, it is required that it does not include things other than wakalat; writing is sufficient for wakalat; the interval between offer and acceptance does not cause harm to the wakalat; the general conditions of a contract are required for both parties of the wakalat; the principal must be capable of what the agent has been appointed for—for example, that the task is not inherently forbidden (haram) for him and he is not legally restricted (mahjur) from that task, except in rare cases, and that the task is not one of the physical obligations like prayer and fasting; it is permissible for a person to delegate his financial obligations, such as the payment and collection of Khums, Zakat, and expiations (kaffarat); and it is permissible for him to delegate the creation and rescission of contracts, in unilateral acts, in the revival of dead lands (ihya al-mawat), and in the possession of permissible items...
" All the reports, as stated, indicate the non-requirement of Ihram, let alone entering the Haram; rather, they indicate on the requirement of the proxy leaving his home and being on the way for the Hajj to be sufficient; however, what Al-Tahdhib has narrated "from Ammar Sabati, from Abu Abdillah (peace be upon him) regarding a man who performs Hajj for another and dies on the way, the Imam said: His reward is with God, but he should bequeath that if he can, a man should go with his mount and eat his provisions, let him do this" then, despite the soundness of Ammar's reports and the fact that jurists do not act upon reports that only Ammar has narrated, there is also an ambiguous (mujmal) narration, and its intended meaning is not known.
(
, 
, 
)
