Question
I live with my wife in Riyadh and I have obtained a visa for my mother to visit us, which is valid for one month after Hajj season. My mother wants to perform Hajj, and as long as nobody can perform Hajj except with a permit, I have obtained Hajj permits for me and my wife. Is it permissible for my wife to gift her permit to my mother in order that she could perform Hajj instead of her? It should be noted that these permits are issued through a domestic Hajj group. When I explained to them the whole situation, they agreed that I could take my mother instead of my wife, but the documents are nevertheless in the name of my wife. Is this permissible?
Fatwa
All perfect praise be to Allah, the Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His Slave and Messenger.
Before answering the question, we draw your attention to the fact that if this Hajj to which your wife was given a permit is the obligatory Hajj and she has the ability to perform it, it would not be permissible for her to forsake this opportunity to your mother. Hajj becomes an immediate obligation once a Muslim can afford it, according to the preponderant opinion of scholars, and the Muslim who can afford it is not allowed to delay it without a valid excuse.
As for your question, if the Muslim is capable of performing Hajj through any means and this Hajj has met the conditions of its validity, it will be valid. We do not know about the laws which regulate Hajj affairs where you live, but some laws are laid down to fulfill people’s interests and regulate their affairs, therefore they must be put into consideration and should not be violated.
And Allah knows best.