- Worships that are only done physically, such as salat, fasting, reading the Qur'an, and dhikr. No one can do physical worships on someone else's behalf. Everyone has to do them himself. He cannot make someone else his deputy.
- Worships that are done only with property. Examples of these worships are zakat of property, zakat of body, namely, sadaqa fitr, zakat of landed property, namely, 'ushr, kaffarats such as emancipating slaves and feeding or clothing the poor. No matter whether or not a person has an 'udhr [Excuse (being incapable, imperfect).], his worships that are to be done with property can be done by someone else, even by a zimmi, on his behalf, with his permission and with his property.
- Worships that are done both physically and with property, such as the hajj that is fard. As long as a person is alive, it is only when he has an 'udhr that someone else can perform the hajj on his behalf with his permission and with his money. He who is not liable for hajj can send a deputy for the supererogatory hajj even when he has no 'udhr.
When putting on the ihram, the deputy has to intend with the heart for the person who has appointed him. A person who has the debt of hajj must command his trustee by giving him the name of the deputy who will perform the hajj on his behalf after his death. The dying person or his appointed non-inheriting trustee cannot make one of the inheritors his deputy unless the other inheritors approve of it. Unless a person countenances it, it is not permissible to send someone else for hajj on his behalf. But if the dead person has not made a will in this respect, that is, if he has not reserved money for hajj, his heir can go on hajj on his behalf or send someone else with the money from his share of the inheritance. Thus he will have saved his father or mother from the debt of hajj. If the hajj has become fard for himself, too, he has to go for himself in addition. But saving his parents from the debt of hajj will make him attain the thawab for ten hajjes. According to the Madhhabs of Hanafi and Hanbali, the (trip for) hajj must be started from the city they used to live in. For example, if a person living in Istanbul loses his father stationed in Erzurum, and if he wants to send someone as his father's deputy on hajj though his father did not request it in his will, it is fard for him to send the deputy from Erzurum. It is not permissible to send the deputy from some other place in the Madhhab of Hanafi. But in Shafi'i Madhhab it is permissible to send the deputy from any place except Miqat [Place where the hajjis assume the garb that is called ihram and worn during the rites of pilgrimage]. In fact, it is permissible in Shafi'i Madhhab to give money to someone going on hajj and tell him to find a deputy in Mecca and have him perform the hajj from Miqat on behalf of your father. The Hanafis with little money can follow Shafi'i Madhhab and make someone in Mecca deputize for their father, mother, or other close relative who has not commanded it in his or her last will. Yet while giving the money they have to make their niyya: "I am following Imam Shafi'i".
If a person performs hajj on behalf of someone else without his permission, the hajj belongs to him. That is, if he has the debt of hajj he has paid it. He can present its thawab to the person he has deputized for. Any Muslim can present the thawab for any of his worships to any other Muslim dead or alive. But the person presented with the thawab (of hajj) will not be absolved from his debt of hajj. The trustee (wasi), that is, the person who has been enjoined on the will, sends the deputy commanded (by the owner of the will). And the deputy cannot send someone else on his behalf, unless he is told to do as he pleases. If the owner of the will has added the amendment, "My deputy or someone else," to his will, or if he has not appointed a deputy while enjoining his will on his trustee, his trustee can go himself as well as send someone else for the hajj. It is not permissible for a person for whom it is not fard to go on hajj to send someone else for the fard hajj on his behalf. A child who is discreet but below the age of puberty can be a deputy. It is not permissible to appoint a deputy by giving him a certain sum of money in the name of a payment (for his work). Estimating the cost of the journey and his subsistence during the course of the hajj, you say to the deputy, "With this money...." The money given to him now is not a payment but a donation. It is written in Ashbah: "The money left is returned to the inheritors. If the inheritors tell the deputy that they appoint him also as a deputy to present the rest of the money to himself and to accept it for himself, the deputy does as he is told." Though it is permissible in Hanafi for a person who has not made his own hajj and has not reached the age of puberty to be a deputy, it is not permissible in Shafi'i. It is permissible for the deputy not to come back but to remain in Mecca after making the hajj. But it is better to command him to come back. In Ukud-ud Duriyya, it is written, "Although it is permissible for a poor person who has not performed his duty yet to perform hajj instead of someone else, when he arrives in Hill, it will become fard for him also to perform hajj. In this case he will have to stay in Mecca and to perform his own hajj the next year. On the other hand, due to his staying and not returning home, after the previous hajj, the dead person's hajj will remain incomplete. If the deputy is told to do whatever he wishes, then the deputy may also delegate someone else." [If he finds a deputy in Mecca he performs his own hajj also in the same year]. A hajji's going on hajj as a deputy (for someone else) is better than his going on hajj once more for himself.
In case one-third of a person's property would sufficiently meet the expense (of sending a deputy on hajj from his town), it is sinful for him, (while dying), to will the amount of money that will not suffice for sending a deputy from his town or to command that a deputy should be sent from some other place. If he did not appoint the place or the amount of money, a deputy is sent from his town, even if he died on his way for hajj. No one can go on hajj with his own money on behalf of a person who commanded his hajj while dying. If anyone does, hajj will belong to himself. The dead person's debt of hajj will not have been paid. The person who makes hajj can present its thawab to the dead person after the hajj. The dead person's hajj is performed by using one-third of the property left by him, or the money which he reserved from one-third of his property, and by starting the journey from his town. The deputy may as well add some of his own money to this. If the money reserved is insufficient a deputy can be sent from any place offering convenience. If it is still impossible, the (dead person's) will becomes invalid. If a person is alive but disabled (for hajj), he has to give the person he deputes enough money to enable him to go on hajj from his town. If the dead person did not add the stipulation that the hajj should be done by using the property he left behind, his inheritor can send a deputy with his own property, whether or not he has the intention to take the expense from one-third of the heritage. If he has the intention to take it from the dead person's property, he cannot go on hajj himself. In the hajjes of tamattu' and qiran the cost of the qurban belongs to the deputy. If the deputy swears that he has made the hajj he is to be believed. No one can ask him to return the money. A deputy who has been perfidious can be dismissed before the assumption of the ihram.
A person for whom zakat and hajj become fard, first goes on hajj, immediately, and then gives zakat of what is left from the hajj. If he cannot go on hajj, he gives all of the zakat. After the time for hajj has come, that is, after the hajj has become fard, it is not permissible to spend the money for hajj buying things one needs, such as a house or a year's supply of food. One has to go on hajj. But it is permissible to buy them before the time of hajj comes. For hajj does not become fard before its time comes.
It is necessary to provide the conditions for performing the hajj. But a woman does not have to get married or imitate the Shafi'i Madhhab in order to go on hajj. For, the husband does not have to take his wife on hajj. Nor is it permissible for her to contract a temporary marriage with a man going on hajj. This is written in Durr-ul-muntaqa.
If a person lacking one of the conditions for incumbency goes on hajj he has made a supererogatory hajj. He will have to make hajj again when the conditions are completed. If a person lacking one of the conditions for performance goes on hajj, he has performed the fard.
A woman cannot go on hajj without a man to accompany her. Her hajj will be accepted if she goes, but it is haram. When she goes with her husband (or eternally mahram relative), it is haram for her to join men in a hotel, during the tawaf and sa'i, or while throwing stones, which would not only annihilate the thawab for hajj but would also cost her a grave sin. A woman without any eternally mahram relatives sends a deputy in her place when she is old, when she cannot see any more, or when she catches an incurable disease. She does not send a deputy before then.
