A man who had the funds for Hajj died without performing it; is it permissible for someone else to perform Hajj on his behalf?

The questioner : Another question: a man who had the funds for Hajj.

The Shaykh : Yes.

The questioner : He passed away without performing Hajj. What is the ruling in this case, and is it permissible for someone else to perform Hajj on his behalf in this situation?

The Shaykh : First.

The questioner: Go ahead.

The Shaykh : If his failure to perform Hajj was due to an illness that struck him or a compelling excuse that prevented him from performing Hajj, then someone may perform Hajj on his behalf, subject to the following details. However, if there was no excuse at all and it was merely negligence, then no one may perform Hajj on his behalf.

The questioner: Allah is the Greatest!

The Shaykh : Is it clear up to here?

The questioner : Is that clear?

The Shaykh : Now, as for the first case, where he is excused.

The questioner : Yes, he has an excuse.

The Shaykh : So, if he has an excuse, there are two possibilities: either he made a bequest or he did not. If he made a bequest that so-and-so should perform Hajj for him.

The questioner : I mean, he must specify a person, O Shaykh.

The Shaykh : No, it is not necessary. I mean, if he made a bequest, but if the bequest does not specify a person, it must be carried out. If he made a specific bequest, it is carried out specifically. If he made a general bequest, the general bequest is carried out. Is that clear?

The questioner : Is that clear?

The Shaykh : Yes, but the second possibility is that he died, i.e., while excused, but he did not make a bequest. In this case, no one may perform Hajj on his behalf except one of his children. Yes, that is correct.

The questioner : May Allah grant us you.

The Shaykh : May Allah preserve you.

The questioner : May Allah reward you with good.

The Shaykh : Welcome.

The questioner: Peace be upon you.

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.