Selling the deceased's land or dividing it to perform Hajj on his behalf
Machine translationRead the Arabic original
The questioner:
This questioner says: My grandfather passed away and left behind a piece of land. Is it better to divide it or sell it so that someone can perform Hajj on his behalf?
The Shaykh:
If he did not perform the Hajj of Islam, then Hajj is performed on his behalf before the inheritance is distributed. This is one of the rights attached to the estate. So the debt in his liability is prioritized, and Hajj is prioritized. Thus, the obligatory Hajj is performed. If anything remains after the Hajj, it belongs to the heirs. Yes.
The questioner:
May Allah reward you, Honorable Shaykh.
The Shaykh:
Voluntary Hajj, no. Voluntary Hajj, no. It is not taken from the estate. Yes.
The presenter:
May Allah reward you, Honorable Shaykh,
This questioner says: My grandfather passed away and left behind a piece of land. Is it better to divide it or sell it so that someone can perform Hajj on his behalf?
The Shaykh:
If he did not perform the Hajj of Islam, then Hajj is performed on his behalf before the inheritance is distributed. This is one of the rights attached to the estate. So the debt in his liability is prioritized, and Hajj is prioritized. Thus, the obligatory Hajj is performed. If anything remains after the Hajj, it belongs to the heirs. Yes.
The questioner:
May Allah reward you, Honorable Shaykh.
The Shaykh:
Voluntary Hajj, no. Voluntary Hajj, no. It is not taken from the estate. Yes.
The presenter:
May Allah reward you, Honorable Shaykh,
Source
شرح إغاثة اللهفان من مصائد الشيطان لابن القيم، فصل ثم إن طائفة الموسوسين قد تحقق منهم طاعة الشيطان — islamhouse.com (1:08:23)
The Arabic text is a machine transcription of the audio recording.