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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If a person dies and has not fulfilled the obligatory duty of Hajj, it is performed on his behalf from his estate

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Question : We understood that if a person dies and has not fulfilled the obligatory duty of Hajj, it is performed on his behalf from his estate.

Answer : From the principal of the estate or from a bequest? From the principal. And if the obligatory duty of Hajj coincides with an obligatory debt owed to a person, is the right of the person given priority because it is based on strictness, while the right of Allah is based on leniency?
Or is the right of Allah given priority due to the saying of the Prophet (peace and blessings be upon him)
So, pay Allah's debt as He has more right to be paid.اقضوا الله فالله أحق بالوفاء
Sahih al-Bukhari 1852
, where "most worthy" is a superlative name indicating its preference in terms of fulfillment? As for the right of the person, the Prophet (peace and blessings be upon him) said
The Prophet (ﷺ) said, "Whoever takes the money of the people with the intention of repaying it, Allah will repay it on his behalfصلى الله عليه وسلم من أخذ أموال الناس يريد أداءها أدى الله عنه
Sahih al-Bukhari 2387
, so Allah will fulfill it on his behalf. Or they share the cost. These are three opinions, and this third opinion is the strongest of them: that they share the cost.
And the meaning of the saying of Allah the Exalted and the saying of the Messenger (peace and blessings be upon him)
for Allah is more worthy of fulfillmentفالله أحق بالوفاء
is that if it is permissible to pay off a debt owed to a person, then it is even more permissible to pay off a debt owed to Allah. This is its meaning. The Messenger (peace and blessings be upon him) did not mention a case of conflict or the coincidence of a debt owed to a person with a debt owed to Allah. So, suppose he owes a thousand, and Hajj costs a thousand, and we find only a thousand.
We give the creditor five hundred and perform Hajj with five hundred. It is known that five hundred is not sufficient for Hajj from his home. We say: perform Hajj with it from the point reached according to the school of thought, from half the distance or two-thirds of the distance, according to what you say.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2855 - إذا مات الإنسان ولم يؤدِّ الواجب في الحج فإنه يحج عنه من التركة - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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