Q: Before her death, a woman from Yemen ordered her heirs to appoint someone to perform Hajj on her behalf from her own wealth. There is a Yemeni person who lives here in the Kingdom of Saudi Arabia, in Jeddah whom they trust to perform Hajj on her behalf. is it permissible for this man, who lives in Jeddah, to perform Hajj on her behalf? Can he enter the state of Ihram (ritual state for Hajj and `Umrah) from his house in Jeddah or should he go to the coastal Miqat (sites for entering the ritual state for performing Hajj and `Umrah) of the people of Yemen to enter the state of Ihram from there? Does the person who is going to perform Hajj on behalf of this woman have to be from Yemen meaning, his departure for Hajj should be from Yemen? Does this pilgrim have to be from the same town as this woman who left this will?

A: If the proxy is within the boundaries of Miqat, he should perform Hajj on her behalf from his place. If he is far from the Miqat, he should enter the state of Ihram from the Miqat that is near to him. However, if he comes from Makkah through a different road, he should enter the state of Ihram from the Miqat that he passes by.

The Prophet (peace be upon him) said when he defined the Miqats, These Miqats are for the people at those very places, and those who come through those places with the intention of performing Hajj and ‘Umrah. Whoever is living within these boundaries can assume lhram from the place he starts, and the people of Makkah can assume Ihram from Makkah Agreed upon by Al-Bukhari and Muslim.

May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!

Permanent Committee for Scholarly Research and Ifta'
Deputy Chairman Chairman
`Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz

[Source: Alifta.net]