If the owner of the money did not specify for whom the person should perform Hajj on behalf of his relative, and did not say to him, “Perform Hajj from it” or “Perform Hajj with it,” and left the matter ambiguous, is he obligated to return the remaining money?
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The questioner : But if he did not specify or designate it by saying, “Perform Hajj from it” or “Perform Hajj with it,” and left the matter ambiguous, is he obligated to return the excess to its owner?
The Shaykh : If he gave him the money, what does he say to him?
The questioner : Yes.
The Shaykh : What does he say to him?
The questioner : He says, “This is an amount, perhaps the equivalent of Hajj or the cost of Hajj.”
The Shaykh : If he says “the cost of Hajj,” it means that whatever exceeds the cost is to be returned to him.
The questioner : And whatever is lacking is to be claimed from him?
The Shaykh : And whatever is lacking is to be claimed from him. Yes.
The questioner : Yes, may Allah bless you.
The Shaykh : If he gave him the money, what does he say to him?
The questioner : Yes.
The Shaykh : What does he say to him?
The questioner : He says, “This is an amount, perhaps the equivalent of Hajj or the cost of Hajj.”
The Shaykh : If he says “the cost of Hajj,” it means that whatever exceeds the cost is to be returned to him.
The questioner : And whatever is lacking is to be claimed from him?
The Shaykh : And whatever is lacking is to be claimed from him. Yes.
The questioner : Yes, may Allah bless you.