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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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"And if the one for whom they were obligated dies, they are paid out of his estate"

Machine translationRead the Arabic original
The Shaykh : He said "And if the one for whom they were obligated dies, they are paid out of his estate". "The one for whom they were obligated" means the one in whose case the conditions for the obligation of Hajj or 'Umrah were fulfilled, and then he died. Are they paid out of his estate before inheritance?
The attendees: ...

The Shaykh : Before inheritance, and before the bequest? Yes, because that is a debt, based on the saying of the Prophet (peace and blessings be upon him)
The debt of Allah deserves its payment more than (the payment of anyone else). دين الله أحق بالقضاء
Sahih Muslim 1148a
. So what is sufficient for the Hajj is taken from his estate, and whatever remains is for the bequest and the heirs. Is it a condition that he make a bequest for it, or is it paid out of his estate whether he made a bequest or not? The answer is the second: it is taken from his estate whether he made a bequest or not, just as if he had a debt, we would pay it out of his estate whether he made a bequest for it or not.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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