Surrogated Hajj and its Subdivisions

One of the subjects studied by the early and late jurists, according to what Sahih Burayd ‘ijli narrated from Imam Sadiq (AS), is the issue of performing the Hajj of one who deposits money with somebody else. The heirs of the obliged and afforded deceased may refuse to perform his Hajj or may not let a trustee do so. This narration states the general rule for this issue. The author calls such a Hajj as ”Hajj-i Hisbi“ (surrogated Hajj) because the Hajj obliged for a dead one should not be abandoned and the man, who the dead one deposited his money with, is obliged to perform the Hajj as one of the Hisbi affairs. This subject has several sub-divisions; all jurists are concerned only with the principle of the obligation of performing the Hajj by the recipient of the deposit but there are serious differences of opinions in sub-issues such as the possibility of the extension of this rule to other financial obligations and debts or to other performers, the necessity of the ruler’s permission and so on. This study is organized to re-examine the principle of this rule and present a comprehensive division of the jurists’ sayings about its most important subdivisions by a documentary and analytical method to prove this hypothesis that: performing the Hajj-i Hisbi is not dedicated to deposit and the permission of the ruler is not a condition; However, to avoid further disputes, obtaining ermission from the Islamic ruler is a good idea, and all the conditions are set for the protection of the interests of the deceased one, the agent, and the heirs.