Comparative Fatwas on Niyābah (Hajj on behalf of Someone)

Fatwās of the Grand Ayatollah Khamenei (d.)

Question: A nā’ib (one hired to perform hajj on behalf of someone else) was able to perform a normal complete hajj when he/she agreed to perform hajj by niyābah, i.e. on behalf of someone else, but it happened that after the contract is made, either while performance or before entering iḥrām, this nā’ib became unable. Therefore, whenever faced an excuse, he followed the rules incumbent on those having excuse. Will his hajj fulfill the duty of the person on whose behalf hajj is performed? Are all kinds of excuses treated alike or not?
Answer: It is problematic.

1- If a nā’ib has no excuse when he/she agrees to perform niyābah hajj, but it happens that after the contract has been made, either while performing hajj or before entering iḥrām, the nā’ib becomes partially unable, the niyābah hajj performed by this person is all right if his/her excuse does not render some of hajj rituals incomplete, e.g. only he becomes unable to avoid something which has to be avoided.
But if the excuse renders the rituals of hajj incomplete, then invalidity of hiring contract is not far off, and a compromise agreement — concerning the payment and repetition of ‘umrah and hajj on behalf of the person for whom hajj is to be performed — should, by caution, be reached between the nā’ib and the other party.