I have a sum of four thousand riyals belonging to my sister, who has fallen ill and for whom I have taken on her care. I suggested to her that this money be used for someone to perform Hajj on her behalf.
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The questioner : May peace and mercy and blessings of Allah be upon you, esteemed Shaykh. My question, O esteemed Shaykh, is that I have a sum of four thousand riyals belonging to my sister. She fell ill, and I took on her medical care. During her illness, I said to her, "What would you like me to do with the money?" She said, "I leave it to you."
The Shaykh : What?
The questioner : What would you like me to do with the money?
The Shaykh : She said?
The questioner : "I leave it to you. I have sacrificed a great deal for your sake." So I said to her, "What do you think about it being a Hajj for you?" She said, "Do what you see fit." After a long time, she passed away and I did not perform Hajj. Should I give the money to the heirs, or should I perform Hajj on her behalf? May Allah reward you.
The Shaykh : Give the money to the heirs, because the agency is dissolved by the death of the principal. If you had carried it out during her lifetime, the matter would have been clear. But since she died before this Hajj was carried out, the agency has been dissolved, and it is obligatory for you to return the money to the heirs. However, inform them and say: "She instructed me before her death to perform Hajj on her behalf." Yes.
The Shaykh : What?
The questioner : What would you like me to do with the money?
The Shaykh : She said?
The questioner : "I leave it to you. I have sacrificed a great deal for your sake." So I said to her, "What do you think about it being a Hajj for you?" She said, "Do what you see fit." After a long time, she passed away and I did not perform Hajj. Should I give the money to the heirs, or should I perform Hajj on her behalf? May Allah reward you.
The Shaykh : Give the money to the heirs, because the agency is dissolved by the death of the principal. If you had carried it out during her lifetime, the matter would have been clear. But since she died before this Hajj was carried out, the agency has been dissolved, and it is obligatory for you to return the money to the heirs. However, inform them and say: "She instructed me before her death to perform Hajj on her behalf." Yes.