The ruling on the surplus money from Hajj expenses in the case of agency?

The questioner : His EminenceThe Shaykh : If agency in Hajj is for a specific amount of money, what is the ruling on taking what remains after the costs of Hajj, especially if the person for whom the agency is performed knows this and has no objection?

The Shaykh : The jurists (may Allah have mercy on them) said: If he gives him money and says, "Perform Hajj with it," then it is his, whether it is more or less. If he gives him money and says, "Perform Hajj from it," then he must return the surplus to its owner, because "min" (from) implies partiality. However, the common people do not distinguish between these two. A similar case among the common people is when one says, for example, "It rained with such a star," and he does not distinguish between saying "It rained with such a star" and "It rained during such a star." If you asked a common person what he means by "It rained during such a star," he would say it means we rained during this time, unlike the Arabs. The Arabs know the difference between "It rained with such a star" and "It rained during such a star." You know the hadith of Zayd ibn Khalid al-Juhani when the Messenger (peace and blessings be upon him) led them in the Fajr prayer at al-Hudaybiyah following a rain that had fallen during the night. He said, "Indeed, Allah says: So the point is that if someone gives money to perform Hajj with it, and says, "Perform Hajj with this," then it is his, whether little or much. If he says, "Perform Hajj from it," then he takes what he needs and returns the rest. But the custom of people now, the custom of people today, is that they see that whoever takes this money to perform Hajj with it, it is all his, so he is not obligated to return it. Yes.