Rule 113...

Rule 113: Apparently (adh'dhahir), the agent must act as if the pilgrimage is for himself with regard to the rules on incapacity, i.e. as though they would have applied to him in his own pilgrimage. Also, the rules relating to the order of the ceremonies must be observed. However, in the final analysis, a pilgrimage can be valid in one case but not in the other.

For example, if the incapacity occurs during the stay at Arafat, he can choose the emergency stay; thus, the pilgrimage be valid and the principal acquitted from the responsibility. However, if he was unable to remain in Arafat for either the normal or the emergency stay, his pilgrimage is invalid. It is not permissible to employ a person who knows he will be unable to perform the optional rituals, as a matter of precaution (ihtiyat).

Indeed, there is ishkal (problem) in accepting as correct the performance of rituals of an unpaid volunteer agent. However, there is no objection to engaging a person who knows that he will move under a shade or will omit ceremonies which would not invalidate the pilgrimage, even though the omission was deliberate, like Tawafun Nisa, or staying in Mina for the evenings of 11th or 12th.

Rule 114: If the agent dies before wearing ihram , the pilgrimage is not valid for the principal and it is obligatory to appoint another agent to perform the pilgrimage again. If the agent dies after wearing ihram, the pilgrimage will be valid and it is clearly so if he dies after wearing ihram in the precincts of the Holy Mosque, as a matter of precaution.

There is no difference in this regard between Hajjatul Islam and other types of pilgrimage, in the case of a paid agent; as for an unpaid volunteer one, judging the validity of pilgrimage so performed is not free from ishkal.

Rule 115: If the agent dies after wearing ihram and entering the Holy Mosque, he is entitled to his full remuneration if his appointment was to have the deceased absolved from his obligation.However, if his appointment was to perform certain ceremonies, he will be entitled to so much of the agreed remuneration as would be commensurate with the ceremonies performed by him. If he died before wearing ihram, he would not be entitled to anything.

However, if the part relating to preliminaries is included in the agreement of the agency, he would be entitled to an amount proportionate to the tasks performed by him.