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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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His father passed away, and he had bequeathed in his lifetime that Hajj be performed on his behalf, and he allocated a piece of land from his property to whoever would perform Hajj on his behalf. After his two sons reached the age of maturity, I and

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The questioner : He says: My father (may Allah have mercy on him) passed away, and he had bequeathed in his lifetime that Hajj be performed on his behalf, and he allocated a piece of land from his property to whoever would perform Hajj on his behalf. After we reached the age of maturity, my brother and I came here to the Kingdom to work, and we agreed with a man to perform Hajj on behalf of our father for a sum of two thousand riyals. We did not give him the piece of land that our father had designated for whoever would perform Hajj on his behalf. Is the Hajj valid, and do we have any obligation in this matter?

The Shaykh : This father who bequeathed this piece of land to be used for Hajj on his behalf must have it all spent on Hajj if it is one-third or less. If it is more than one-third, then you have the option regarding what exceeds the one-third. However, if you know that your father’s intention was only Hajj, meaning that his intention was for his Hajj to be performed for him, and that he designated this land for the sake of security, then there is no blame on you if you give money to be used for Hajj, and this land remains yours.
So the important thing is that this returns to what you know of your father’s intention. If you know that it was your father’s intention that this entire land be spent on Hajj on his behalf, then according to what you have heard, it must all be spent on Hajj on his behalf, even if it amounts to several Hajj pilgrimages, provided it does not exceed one-third. What exceeds the one-third, you have the option regarding. And if you know that your father wanted Hajj, even if only once, but designated this land for the sake of security, then there is no blame on you if you appoint someone to perform Hajj on his behalf with money, and you keep this land for yourselves. Yes.

The questioner : And the Hajj that was performed, is it valid, if Allah wills?

The Shaykh : Yes, the Hajj that was performed is valid in all cases.

The questioner : Yes.

The Shaykh : But it remains that if the father wanted the entire land to be spent on Hajj on his behalf, then if what they spent of two thousand riyals is less than the value of the land, they should spend on another Hajj, and then another, until the value of the land is completed.

The questioner : Yes, these are two questions sent by the listener Muhammad 'Atiyya Husayni, an Egyptian working in Jubail. He says:
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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