If one prepares for the obligatory Hajj and then dies before performing it, Hajj is performed on his behalf from his wealth
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Q: My uncle, may Allah have mercy on him, passed away on 8/10/1425 AH, corresponding to 21/11/2004 CE. Before his death, he had intended to perform the obligatory Hajj for this year, 1425 AH, and had paid the travel fees for Hajj, but he passed away a few days before performing the obligation. Therefore, we turn to your Excellency with a question about how to handle the amounts that were paid for the obligation of Hajj (after they were refunded), and we also ask whether the obligation was dropped from the deceased, or whether it is obligatory to perform it on his behalf, or whether it was recorded for him. It is known that he has heirs, some of whom have reached maturity and others who are still in various stages of education.
A: If Hajj becomes obligatory upon a person and he dies before performing it, it is obligatory to pay out from all of his wealth what is needed to perform Hajj and 'Umrah on his behalf. If the deceased left behind wealth sufficient for Hajj from his country, Hajj is performed on his behalf from where he can reach; because the obligation of Hajj and 'Umrah is a debt in the liability of one who is able to do so and did not perform them before his death. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1852 narrated by al-Bukhari . Based on this, the obligation upon the heirs of this deceased man, about whom the question was asked, is to pay the money he had prepared for Hajj before his death to someone who will perform Hajj and 'Umrah on his behalf. If that amount is not sufficient, what completes it is added from his estate. If he did not leave an estate, or if he left wealth that, together with the money he had prepared for Hajj, is sufficient from his country, Hajj is performed on his behalf from where that is possible.
A: If Hajj becomes obligatory upon a person and he dies before performing it, it is obligatory to pay out from all of his wealth what is needed to perform Hajj and 'Umrah on his behalf. If the deceased left behind wealth sufficient for Hajj from his country, Hajj is performed on his behalf from where he can reach; because the obligation of Hajj and 'Umrah is a debt in the liability of one who is able to do so and did not perform them before his death. The Prophet (peace and blessings be upon him) said:
So, pay Allah's debt as He has more right to be paid.
اقضوا الله فالله أحق بالقضاء
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.