The law is required by Sharia according to jumhur fuqaha based on the hadith from the Prophet ﷺ:

– حَدَّثَنَا مُوسَى بْنُ إِسْسْمَاعِيلَ حَدَّثَنَا أَبُو عَوَانَةَ عَنْ عَبِي بُشْرٍ عَنْ Saِidِ binِ Juَبـرٍ عَنِ Ibnِ عَبَاسٍ -رضي الله عَنهما-: ً مِنْ جُهَيْنَةَ جَاءَتْ إِلَى النَّبِِّ -صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ- so she said: إِنَّ اُمِّي نَذَرَتْ إَنْ تَحُجَّ فَلَمْ تَحُجَّ حَتَى مَتَتْ أَفَأَحُجُّ عَنْهَا? قَالَ: نَعَمْ حُجِّي عَنْهَا, أَرَأَيْتِ لَوْ كَانَ عَلَى أُمِّكِ دَيْنٌ أَكُنْتِ قَاضِيَةً? اقْضُوا اللَّهَ, فَلَّهُ أَحَقُّ بِالْوَفَاءِ”.
Meaning: Imam al-Bukhari narrated from Ibnu Abbas RA: A woman from Juhainah came to the Messenger of Allah ﷺ and said: "Indeed my mother has vowed to perform Hajj, do I need to perform Hajj on her behalf?". His Majesty replied: "Yes, perform Hajj for him. What do you think if your mother is in debt, do you have to pay it off?". The answer: "Yes". His Majesty's words: "Pay off God's debt and God's debt is more entitled to be paid off.

Hadith narrated by al-Bukhari, Ahmad and An-Nasaie

1. Hajj is not valid for those who are able to do it themselves.
2. It is possible to perform this Hajj to those who are ill, paralyzed or to those who have died.
3. Badal hajj is not valid for poor people due to lack of money, it is only for people who are paralyzed/sick/weak and have not recovered from their illness.
4. A person should not perform badal hajj for others unless he has performed hajj for himself.
5. It is permissible for women to take badal hajj for men and vice versa
6. When a person dies and he has money, then he should be served by being hired to someone else by using his money whether he made a will or not.
7. It is recommended that the Hajj be performed by his son, his relatives and his closest relatives. If it is done by someone else, then the law is obligatory.
8. It is not permissible for a person who is delegated, to delegate to another person on the condition that he is notified to the trust giver and he agrees to the action.
9. It is necessary to delegate or hire the Hajj to someone who is good, honest, trustworthy and knowledgeable to perform the pilgrimage.

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