The World Federation One Stop Fiqh

Ritual 122

If a person is appointed agent to perform an obligatory or an optional pilgrimage but vitiates it by having sex before reaching Mash’ar, it is obligatory on him to complete the pilgrimage, which will be valid insofar as the principal is concerned.

It is obligatory on the agent to perform an obligatory pilgrimage in the ensuing year and pay a penalty. However, it is obvious (adh’dhahir) that he is entitled to his remuneration. If he does not perform the pilgrimage in the ensuing year, for good reason or without it, the rule still applies, requiring him to perform the pilgrimage at his own expense.