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Last Updated: 2008/10/29
Summary of question
If a person remains in taqlid of a deceased Mujtahid performing hajj rituals according to his verdicts without seeking a living Mujtahid’s permission, is there any problem in his hajj?
question
When I was performing Umrah (recommended hajj), someone asked me who my Mujtahid was. I said to him that I was following Imam Khomeini (may his soul rest in peace). Then he asked me if I had sought and acquired a living Mujtahid’s permission for remaining in taqlid of Imam. I was surprised to hear that but now I am planning to follow a living Mujtahid and the question is: Was there any problem in the Umrah pilgrimage that I performed?
Concise answer

The above question was forwarded to the offices of the some grand religious authorities (jurists) and the answers which we have received are the following:

Office of grand Ayatollah Khamenei (may Allah grant him long life):

It is permissible to remain in taqlid of late Imam Khomeini (may his soul rest in peace) with the permission of the grand Ayatollah Khamenei – may Allah grant him long life.

Office of grand Ayatollah Sistani (may Allah grant him long life):

Every mukallaf (duty-bound) should follow the most learned of the living Mujtahids and it is the duty of the mukallaf to find who the most learned among the living Mujtahids is. In order for him to find the most learned, he should ask experts i.e. jurists who are capable of knowing the most learned. This has nothing to do with your hajj (There is no problem in your hajj.)

Office of grand Ayatollah Makarem Shirazi (may Allah grant him long life):

It is permissible to stay in taqlid of a deceased Mujtahid in issues which he has acted upon. As for those issues which he has not acted upon in accordance with the fatwa of the deceased Mujtahid, he should follow a living Mujtahid. There is no problem in your hajj (it is in order).

For further information regarding the said question, refer to: Index: Abandoning Taqlid of a Dead Mujtahid and Following a Living Mujtahid, question No. 1898 (site: 2720).

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