Executing the bequest of Hajj on behalf of a person, even if the name of the one who bequeathed the Hajj is not known
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Fatwa No. ( 8888 )
Q: There is an elderly woman who, when her end was near, bequeathed to her daughter the performance of her Hajj. The bequeathing woman passed away, and the daughter lived for a long time without performing her mother's Hajj. When the daughter's end was near and she was also elderly, she bequeathed to her son that he perform the Hajj of his grandmother. The daughter passed away, and the son, the executor, lived until he grew old and advanced in age, but he did not perform the Hajj of the first elderly woman who had been bequeathed to him. When his end was near, he bequeathed to his son that he perform the Hajj of the first elderly woman. The last executor is still alive and has not performed the Hajj. The summary of the request for a ruling is that the name of the first bequeathing elderly woman is unknown, although the name of
her daughter, the first executor, is Maqbula bint Muhammad. I asked the elders in the village but did not obtain the name of the elderly woman. I hope for your ruling on the Hajj of the first elderly woman: how is her Hajj to be performed by the remaining executor at the present time? Does he perform it on her behalf, given that her name is unknown, or does he give charity on her behalf, or is the Hajj dropped from her?
A: If the situation is as described, it is obligatory for the last living executor to carry out the bequest by performing the Hajj before death overtakes him, as is the case with others, with the intention that it is on behalf of the aforementioned grandmother, even if her name is not known. He should say upon entering the state of ihram from the miqat: "Labbaik, Hajj on behalf of the first bequeathing woman, who is my grandmother, the mother of my father." Charity is not sufficient in place of performing the Hajj on her behalf. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: There is an elderly woman who, when her end was near, bequeathed to her daughter the performance of her Hajj. The bequeathing woman passed away, and the daughter lived for a long time without performing her mother's Hajj. When the daughter's end was near and she was also elderly, she bequeathed to her son that he perform the Hajj of his grandmother. The daughter passed away, and the son, the executor, lived until he grew old and advanced in age, but he did not perform the Hajj of the first elderly woman who had been bequeathed to him. When his end was near, he bequeathed to his son that he perform the Hajj of the first elderly woman. The last executor is still alive and has not performed the Hajj. The summary of the request for a ruling is that the name of the first bequeathing elderly woman is unknown, although the name of
her daughter, the first executor, is Maqbula bint Muhammad. I asked the elders in the village but did not obtain the name of the elderly woman. I hope for your ruling on the Hajj of the first elderly woman: how is her Hajj to be performed by the remaining executor at the present time? Does he perform it on her behalf, given that her name is unknown, or does he give charity on her behalf, or is the Hajj dropped from her?
A: If the situation is as described, it is obligatory for the last living executor to carry out the bequest by performing the Hajj before death overtakes him, as is the case with others, with the intention that it is on behalf of the aforementioned grandmother, even if her name is not known. He should say upon entering the state of ihram from the miqat: "Labbaik, Hajj on behalf of the first bequeathing woman, who is my grandmother, the mother of my father." Charity is not sufficient in place of performing the Hajj on her behalf. 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.