Q: If we send someone for Hajj Badal (to send someone on behalf of another person for Hajj), is it necessary that that person must have perfomed his Hajj previously? Can we send someone on whom Hajj is Fardh, but he did not perform his own Hajj?
A. Why are you sending someone for Haj on your behalf (you wrote: "on behalf of us")? Can you not perform Haj yourself? If you are able to perform Haj yourself then it will not be correct to send someone else on your behalf.
If Haj is already Fardh on a person then for him or her to perform Haj Badl for someone else while delaying his or her own Fardh Haj is sinful and close to Haraam (Makrooh Tahreemi). (Badaai’us Sanaai’)
The sin is for delaying one's own Haj which has already become Fardh; hence the person being sent for Haj-e-Badal should first perform his own Haj before a Haj for someone else.
If Haj is not Fardh on one and he performs Haj-e-Badal, it is not advisable (Makrooh Tanzeehi). In both cases the Hajj-e-Badal will be valid. (Al Bahrur Raa'iq V3 P74)
Allah Ta'aala knows best.
Moulana Yusuf Laher
Checked by: Mufti Siraj Desai