Jurisprudential Examination of the Difference of the Dead Body’s Conformity from That of the Custodians of Performing the Hajj on His Behalf

When the conformity or ijtihad of the dead body are different from those of the custodians of performing the Hajj on his behalf, then there are two cases: first, the necessity of performing the pilgrimage (as in the case of affordability based on competence) and second, subsidiaries regarding the necessity of performing the pilgrimage (such as the necessity of performing the Hajj on behalf of the dead body). In either case, the difference is between the dead body’s conformity and ijtihad with those of his custodian, his heirs, or his procurator (either hired or volunteer one). The great scholars have discussed each of these cases. Of course, the correct promise is that when one dies, the conformity or ijtihad of his custodian, heirs, and procurator will have priority, unless they are conditioned to act on the basis of the dead one’s conformity or ijtihad, then the covenant should be fulfilled. However, when the one, whose Hajj is going to be performed on behalf, is alive but not able to perform his pilgrimage, he must appoint someone to perform his pilgrimage who agrees with his conformity or ijtihad.