Termination of Agency by the Death of the Principal
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His Eminence the Shaykh: I have an amount of four thousand riyals belonging to my sister, and she was afflicted with an illness, so I took charge of her medical care.And I said to her during her illness: What do you want me to do with the money?So she said: Take it for yourself, for I have lost a great deal on your account.So I said to her: What do you think about using it as a document for you?So she said: Do what you see fit. After a long time, she died, and I did not perform the Hajj. Should I give the money to the heirs, or should I perform the Hajj on her behalf? May Allah bless your life.
Give the money to the heirs; because the agency is terminated by the death of the principal. Had you performed it during her lifetime, the matter would have been clear. But if she died before you performed this Hajj, the agency has been terminated, and it is obligatory for you to return the money to the heirs.But tell them, say: She bequeathed to me before her death that I perform the Hajj on her behalf.
Give the money to the heirs; because the agency is terminated by the death of the principal. Had you performed it during her lifetime, the matter would have been clear. But if she died before you performed this Hajj, the agency has been terminated, and it is obligatory for you to return the money to the heirs.But tell them, say: She bequeathed to me before her death that I perform the Hajj on her behalf.