Hajj on behalf of the deceased and taking the surplus from the money
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. A man died without having performed the obligatory Hajj. Is it permissible for me to perform Hajj on his behalf with a sum of money that I take? And am I allowed to take the surplus if there is a surplus?
The Shaykh:
First, if he left an estate and had not performed Hajj while having an estate, the cost of performing Hajj on his behalf is paid out of the estate. The money is given to the proxy to spend on himself and to hire transport and so on. As for if he did not leave an estate and one of his relatives or one of the Muslims wants to perform Hajj on his behalf, that is good. It is good for him, even though if he died without money, Hajj is not obligatory upon him, provided others were able to find a way for him. But as a form of kindness to him, performing Hajj on his behalf is permissible even if it was not obligatory upon him. Yes.
The questioner:
And he says, may Allah preserve you: Is he allowed to take the surplus from the money that is given to him?
The Shaykh:
This depends on the condition. If he said, "Return the remainder to me," he returns it. If he gave it to him and he remained silent, he does not return it. Yes.
He says: Honorable Shaykh, may Allah grant you success. A man died without having performed the obligatory Hajj. Is it permissible for me to perform Hajj on his behalf with a sum of money that I take? And am I allowed to take the surplus if there is a surplus?
The Shaykh:
First, if he left an estate and had not performed Hajj while having an estate, the cost of performing Hajj on his behalf is paid out of the estate. The money is given to the proxy to spend on himself and to hire transport and so on. As for if he did not leave an estate and one of his relatives or one of the Muslims wants to perform Hajj on his behalf, that is good. It is good for him, even though if he died without money, Hajj is not obligatory upon him, provided others were able to find a way for him. But as a form of kindness to him, performing Hajj on his behalf is permissible even if it was not obligatory upon him. Yes.
The questioner:
And he says, may Allah preserve you: Is he allowed to take the surplus from the money that is given to him?
The Shaykh:
This depends on the condition. If he said, "Return the remainder to me," he returns it. If he gave it to him and he remained silent, he does not return it. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من أبواب الأذان — islamhouse.com (1:06:37)
The Arabic text is a machine transcription of the audio recording.