Did Malik prohibit delegation in Hajj for the deceased, based on the verse "And that man will not have anything except what he endeavored for," and due to his not narrating the Hadith of Al-Juhaniyyah in Al-Muwatta'?
The Maliki school's view on deputizing for an incapacitated person (ma'dhub) or a deceased person varies. The prevalent opinion is that deputization for an incapacitated person is not permissible, and Hajj is not obligatory on behalf of the deceased from their estate unless they bequeathed it. The reason for this difference of opinion is the conflict between analogical reasoning () and transmitted traditions (athar). Analogical reasoning dictates that acts of worship cannot be deputized for, whereas the authentic hadiths reported from the Prophet (peace be upon him) affirm the permissibility of performing Hajj on behalf of a living person who is unable or on behalf of the deceased, such as the hadiths of the Khath'amiyyah and the Juhaniyyah. The Malikis responded to these hadiths by interpreting them as applying to voluntary acts and conveying good deeds to the deceased, or as being specific to certain cases. Nevertheless, the majority opinion, which states the obligation of Hajj on behalf of the deceased, is stronger in terms of evidence. The scholars who dissented from this have their excuses, such as believing a to be weak, or specific, or interpreting it in a particular way.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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