Is it permissible to perform Hajj by proxy on behalf of an adult, wealthy, and mentally incapacitated person, given their financial capability and physical inability?
The insane person is not held accountable, because the Prophet, peace and blessings be upon him, said: "The pen has been lifted from three," and he mentioned among them the insane person until he recovers. Therefore, neither Hajj nor Umrah are obligatory upon him by scholarly consensus, and they are not valid if he performs them himself, by consensus, because he has no intention. Nor is deputization obligatory on his behalf. Regarding the permissibility of deputizing someone to perform Hajj on his behalf, there are two opinions, the soundest of which is that no one should be deputized to perform Hajj on behalf of someone else, and this is the view of the majority. Some Hanbalis chose the opinion that if the guardian performs Hajj on behalf of the insane person, it is valid, by analogy with the immature child. However, the relied-upon position in the (Hanbali) madhhab is that it is not valid, limiting it to the text, as it was mentioned for the child but not for the insane person.
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