Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim
Tahqiq, Takhrij, Sharh
Muhadith Zubair Ali Zai
Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari
The Explanation Of (Performing A) Substitute Hajj
 From Malik from Ayub Ibn Abi Tamimah from Muhamad Ibn Sirin that a man narrated to him from Abdullah Ibn Abbas (Radi Allahu Anhu) that a man came to Allah’s Messenger (Sallalahu Alayhi Wa Sallam) and said, O Messenger of Allah (Sallalahu Alayhi Wa Sallam)! My mother is really old, we cannot put her on a riding camel and she cannot hold onto it, and if i put her on the riding camel then I fear that she may die. Would it be possible if I can perform Hajj on her behalf? He (Sallalahu Alayhi Wa Sallam) said, “Yes”.
[GRADING] – [SAHIH]
Al-Muwatta (Jawhari’s narration (no.302), at-Tamhid (1/382) and the man who narrated the hadith to Ibn Sirin was Yahya Ibn Ishaq who narrated from Sulaiman Ibn Yasar from Ibn Abbas (Radi Allahu Anhu).
The hadith has a strong witnessing report in at-Tahawi’s Mushkil al-Athar (old publication 3/220) and this authenticates the hadith also see at-Tamhid (1/384)
[UNDERSTANDING FROM THE HADITH]
1) If an individual cannot perform the obligatory Hajj due to a Sharia compliant excuse then it is allowed for someone else (who has already performed their own obligatory Hajj) to do it on the excused person’s behalf.
2) This narration, which is in the Muwatta of Ibn ul-Qasim, is present and attributed to Muhamad Ibn ul-Hasan ash-Shaibani’s Muwatta. See Muwatta ash-Shaibani (pg no.229 hadith no.482)
3) It is not taqlid to ask about an issue.
4) Also see the previous hadith no.58