The ruling on appointing someone to perform Sa'y
Question :
What is the ruling on whoever is not able to perform Sa'y during Hajj or 'Umrah? Can he appoint a representative to perform Sa'y in his place or perform Tawaf, for example? And what is the ruling if he recovers (from his illness or inability) after missing the time of Hajj?
Answer:
It is not correct for someone to appoint someone else to perform Tawaf or Sa'y for him. Rather, it is obligatory for him to perform Tawaf and Sa'y for himself, even if he is carried on a bed or on a cart. If he is not able to do even that due to the severity of his illness, he remains in his Ihram until he is cured, even if it is after a number of months, if he is expected to get better. It is not permissible for him to break his Ihram, as it has not been nullified by any nullification. If he has lost hope of the illness ending, he is like one who is prevented (from completing the Hajj or 'Umrah). Thus, he slaughters a sheep and feeds it to the poor people of the Haram, and he comes out of the state of Ihram. This is due to Allâh's Statement:
"But if you are prevented (from completing Hajj and Umrak). sacrifice a Hady (animal, i.e., a sheep, a cow, or a camel) such as you can afford.
If he does not have the price of the sheep (to have it slaughtered), he fasts ten days and then removes his Ihram. If he becomes sick before 'Arafah and he misses the standing (at 'Arafat), then he has missed the Hajj and he must come out of Thram with only an 'Umrah. And Allâh knows best.
Source:
Ash-Shaykh Ibn Jibreen
Fatawa Islamiyah, Vol. 4 Pages 169-170
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