He died without making a bequest and left behind wealth; is it permissible to dedicate charity to him, give charity on his behalf, and perform Hajj on his behalf?
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Fatwa No. ( 11485 )
Q: The substance of the question is that an accident happened to some of their children, and the young boy passed away, while the older one was injured and kept asking about his younger brother, so they did not tell him what had happened. Then he passed away afterwards, leaving behind some wealth, and he had not made any bequest. Is it permissible to dedicate charity to him, give charity, and perform Hajj on their behalf, since they have not performed Hajj?
A: There is no blame on you for not informing the older one about the condition of his younger brother. There is no harm in giving a portion of the amount, or part of it, as charity if the adult heirs permit it, excluding the minors. There is also no harm in giving charity on behalf of both of them. As for Hajj and 'Umrah, if either of them was an adult and had wealth, he should give from his wealth to someone to perform Hajj and 'Umrah on his behalf, and this takes precedence over the rights of the heirs. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The substance of the question is that an accident happened to some of their children, and the young boy passed away, while the older one was injured and kept asking about his younger brother, so they did not tell him what had happened. Then he passed away afterwards, leaving behind some wealth, and he had not made any bequest. Is it permissible to dedicate charity to him, give charity, and perform Hajj on their behalf, since they have not performed Hajj?
A: There is no blame on you for not informing the older one about the condition of his younger brother. There is no harm in giving a portion of the amount, or part of it, as charity if the adult heirs permit it, excluding the minors. There is also no harm in giving charity on behalf of both of them. As for Hajj and 'Umrah, if either of them was an adult and had wealth, he should give from his wealth to someone to perform Hajj and 'Umrah on his behalf, and this takes precedence over the rights of the heirs. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.