The Fifth Topic: Making Up the Hajj.

The Shaykh : Then, regarding the fifth topic: if a person is obligated to perform Hajj but is unable to do so and then dies, is it made up from his estate? Is it prioritized over the one-third, or is the one-third prioritized over it, or what? We say: if a person is obligated to perform Hajj but is unable to perform it, either because he said that Hajj in this year involves difficulty and hardship, but he was capable and did not perform it, then if he dies, the Hajj becomes a debt in his liability. The evidence for this is the hadith of Ibn 'Abbas (may Allah be pleased with him and his father): The Prophet (peace and blessings be upon him) likened Hajj to a debt. Accordingly, if this man dies, the first thing we take from his estate is the cost of preparation, meaning, for example, the fee for the washer, the value of the shroud, the value of the spices, and the value of the grave, if the price of these things is necessary. Then, after that, we take the amount for the cost of Hajj before the bequest. Then, after we take the amount for the cost of Hajj, we take the bequest from the remainder. If the bequest is for one-fifth, we take one-fifth of the remainder; if it is for one-third, we take one-third of the remainder, and so on. If it is for one-half? If it is for one-half? That is not possible, because a bequest is not permissible for more than one-third except with the consent of the heirs. Now, if it turns out that this deceased man, who was obligated to perform Hajj, left behind only the amount for the cost of Hajj, and if we take what he has, nothing remains for the heirs and nothing remains for the bequest, what do we do? We say: we prioritize the Hajj, the bequest is invalidated, and the right of the heirs is dropped, because the debt is prioritized over everything. Now, if we assume that this man who died while obligated to perform Hajj had a debt to human beings, do we prioritize the Hajj or the debt to the human beings? No, they are equal. We say: if it is possible to pay the debt and perform Hajj on his behalf, we do so. If it is not possible, we divide it. If the remainder is not enough to cover the cost of Hajj, then we allocate the entire amount to the debt. We will limit our speech to this extent, because I think the questions are numerous and we may need them greatly, and only a few minutes remain in the time. Yes.