The obligation to perform Hajj from the estate of one who died without having performed it
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The second question of Fatwa No. ( 1241 )
Q2: A man died without fulfilling the obligation of Hajj, and he left a bequest that Hajj be performed on his behalf from his wealth. He asks about the validity of the proxy Hajj, and whether the Hajj of another person is like his own Hajj?
A2: If a Muslim dies without fulfilling the obligation of Hajj while he meets the conditions for the obligation of Hajj, it is obligatory that Hajj be performed on his behalf from the wealth he left behind, whether he made a bequest to that effect or not. If someone else who is qualified to perform Hajj performs it on his behalf, and that person has already fulfilled the obligation of Hajj for himself, then his Hajj on behalf of the deceased is valid and suffices to discharge the obligation from the deceased. As for whether a person’s Hajj on behalf of another is equal to his own Hajj, or less in virtue, or more? That is up to Allah (Glorified and Exalted is He). There is no doubt that it is obligatory for him to hasten to perform Hajj when he is able, before he dies; due to the scriptural evidence indicating this. And he is to be feared of the sin of delay. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: A man died without fulfilling the obligation of Hajj, and he left a bequest that Hajj be performed on his behalf from his wealth. He asks about the validity of the proxy Hajj, and whether the Hajj of another person is like his own Hajj?
A2: If a Muslim dies without fulfilling the obligation of Hajj while he meets the conditions for the obligation of Hajj, it is obligatory that Hajj be performed on his behalf from the wealth he left behind, whether he made a bequest to that effect or not. If someone else who is qualified to perform Hajj performs it on his behalf, and that person has already fulfilled the obligation of Hajj for himself, then his Hajj on behalf of the deceased is valid and suffices to discharge the obligation from the deceased. As for whether a person’s Hajj on behalf of another is equal to his own Hajj, or less in virtue, or more? That is up to Allah (Glorified and Exalted is He). There is no doubt that it is obligatory for him to hasten to perform Hajj when he is able, before he dies; due to the scriptural evidence indicating this. And he is to be feared of the sin of delay. 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.