The Bequest for Hajj When Its Cost Exceeds One-Third
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Question:
What is the ruling on one who bequeaths that Hajj be performed on his behalf, and the cost of Hajj is more than one-third?
Answer:
If the cost of Hajj is more than one-third, then it is not obligatory to execute the bequest. Because Allah, Mighty and Majestic, said:[Ali 'Imran 3:97] This is if the Hajj is a recommended voluntary act. If the Hajj is an obligatory duty, then it is paid from the estate, however much it amounts to, because it is a debt to Allah, the Exalted. The cost of the obligatory Hajj is not estimated; rather, this applies to the voluntary Hajj. If one-third is not sufficient for the voluntary Hajj, then the bequest is not executed for the Hajj. Yes.
The presenter:
May Allah reward you, Your Eminence the Shaykh
What is the ruling on one who bequeaths that Hajj be performed on his behalf, and the cost of Hajj is more than one-third?
Answer:
If the cost of Hajj is more than one-third, then it is not obligatory to execute the bequest. Because Allah, Mighty and Majestic, said:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًاThe presenter:
May Allah reward you, Your Eminence the Shaykh
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/103 شرح زاد المستقنع/ صالح الفوزان — youtube.com (4:30)
The Arabic text is a machine transcription of the audio recording.