Obligation through ability by delegation

Book:

The Book of Hajj - كتاب الحج.

Chapter:

Identification of the Obligation

Topic/Issue:3503 - Obligation through ability by delegation
Opinions:
Opinion FromOpinionExplanation
Imam Abu Hanifa,Imam MalikDelegation is not binding, even when that ability is there, if the inability for direct performance exists.Analogy dictates that acts of worship cannot be performed by one person on behalf of another by delegation, thus, no one prays on behalf of another nor does one pay zakat in another’s place.
Imam ShafiIt is binding, thus, for a person who possesses sufficient wealth with which someone other than he can perform the pilgrimage, if he himself cannot perform it physically, then that person must perform it on his behalf. But if someone is found who can perform it on his behalf with his own wealth and physical ability, like a brother or next of kin, his liability is dropped. Tradition of Ibn Abbas
Evidences :1 - Sahih Muslim [# 3090] [Hide/Show]
Tags :Worship, Hajj, Obligation, Delegation
References:1[pg:375]
Last Updated:2011-03-05

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