Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
You are allowed to perform Hajj on behalf of your brother who has passed away, especially if he could not do it on condition that you have already done Hajj for yourself.
Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
You are certainly allowed to perform Hajj on behalf your deceased brother – especially if he was not able to perform Hajj while alive. You may do so if you have done Hajj on behalf of yourself before. Whoever has advised you otherwise is wrong.
We have some traditions from the Prophet (peace be upon him) on the validity of performing Hajj on behalf of one’s deceased parents or relatives:
Let me cite three of them:
- A man asked the Prophet (peace be upon him): “My father was too old to perform Hajj when Allah ordained the duty of Hajj; should I do it on his behalf? The Prophet (peace be upon him) replied: “Yes; you may do hajj or umrah on behalf of your father.” (Ahmad and an-Nasa`i, etc.)
So, if one is allowed to do Hajj on behalf of someone who is alive, but not physically capable, then how can we stop him doing it on behalf of someone who has passed away?
- A woman approached the Prophet (peace be upon him) asking, “My mother had intended to perform Hajj, but she was unable to do so; should I do it on her behalf? The Prophet (peace be upon him) said, “Yes. Go ahead and do Hajj on behalf of your mother.” (Muslim and others)
- The Prophet (peace be upon him) heard someone making talbiyah for Hajj saying: “O Allah, I answer the call of Hajj on behalf of Shubrumah.” The Prophet asked him, “who is Shubrumah”, the man replied, “My brother (or relative).” The Prophet then asked him, “Did you do Hajj on behalf of yourself before?”, when he said, ‘no,’ the Prophet told him: “Do Hajj on behalf of yourself first; then you may do (next year) on behalf of your brother.” (Al-Bukhari and Muslim)
In light of these, you are allowed to perform Hajj on behalf of your brother who has passed away, especially if he could not do it on condition that you have already done Hajj for yourself.
Almighty Allah knows best.
Source: AsktheScholar.com