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Section IV: Hiring Someone to Perform Hajj

It is permissible to hire someone to perform Hajj. This is the position of the Maliki [1073] It is permissible according to Malikis, though makruh. For this reason, what has been explicitly mentioned from Malik is that it is makruh to accept to be hired to perform an action for the sake of Allah the Exalted, whether Hajj or otherwise. This is a type of consuming this world through actions of the Hereafter. and Shafi`i [1074] According to Shafi`is, it is valid to hire someone to perform an act that does not require an intention, like the adhan. It is not valid to hire someone to perform an act – even if it be an optional performance –that requires an intention, like hiring a Muslim to fight in jihad or lead people in prayer. They made an exception for Hajj and `umrah, it being permissible to hire someone for both or either on behalf of someone unable or deceased. schools, and one narration from Ahmad. This is the chosen position of Ibn Baz and Ibn `Uthaymin.

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