The Necessity of Time Restriction in RepresentationAgreements for the Hajj on Behalf

If a representation agreement for the Hajj on behalf is concluded absolutely between the represented person (mu’jer) and the agent (ajir) and if it is not conditioned by anything else, the dispute between them is inevitable in two cases i.e., the necessity of the emergence or lack of the emergence of the Hajj season and the necessity of the presence or lack of the presence of the agent. In the first case, four statements of the great Islamic jurists (fuqahā) are quoted: 1. It does not require any necessity, neither the necessity of the emergence of the Hajj season nor the necessity of the determination of the time restriction; 2. The time of performing the Hajj rituals is restricted for the first year; 3. The time restriction for performing the Hajj rituals in the first year is conditioned; 4. It has restrictions in terms of the emergence of the Hajj season, not of urgency. Among the aforementioned statements, the fourth one is more correct and consistent with arguments. Regarding the necessity of the presence or lack of the presence of the agent, two statements are quoted: The first one is a famous statement of the Islamic jurists who believe that the Hajj on behalf needs to be performed only by the agent and cannot be entrusted to anybody else. The second one is the saying of Sheikh Tusi, who, quoting Uthman ibn Isa, found no need for the presence of the agent, that it can be entrusted to another person. Between these two sayings, the well-known opinion of the Islamic jurists is correct and the citation of Sheikh Tusi faces problems both in terms of the documents and meanings, and for this reason, it is not accepted by jurists. This inferential library-based research is conducted only in the realm of Imamiyahh Shia jurisprudence and does not concern the views of the other Shia sects and Islamic religions.