What are the legitimate conditions and controls for the permissibility of contracting with brokers to perform Hajj on behalf of living individuals who are unable, or on behalf of the deceased, taking into consideration that the brokers take a portion of the money without a prior agreement on the brokerage fee?
The representative must perform Hajj on behalf of the principal starting from the (fixed point for assuming ) from which Hajj became obligatory upon the principal, and the representative must have first performed the obligatory Hajj for himself. Brokerage in Hajj is permissible, whereby the broker takes a known sum of money to provide the Hajj service, then searches for a representative for a lesser amount, provided that the broker does not mislead the principal into believing that he will undertake it himself, or if this was stipulated, or if it is commonly known that he would undertake it himself. However, if the principal knows that the broker will search for someone else, then there is no harm in that.
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