The ruling on one whom the deceased bequeathed to perform Hajj on his behalf, but who was unable to do so
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Question:
The listener (S. M. H.) from the town of Dhukhan sent a message saying: When a person passes away and bequeaths to another person to perform Hajj on his behalf, and the one bequeathed to was unable to perform Hajj, and did not inform the deceased's family of this, what must he do? Should he perform Hajj on his behalf without informing the deceased's family? Or should he inform them, despite the great difficulty involved?
Please inform us. May Allah reward you with good.
Answer:
If he performs Hajj on his behalf based on the bequest, using his own money, as an act of kindness, may Allah reward him with good. However, if the deceased bequeathed that Hajj be performed on his behalf from his own estate, the deceased's family must be involved; because his statement alone is not sufficient. There must be proof in the form of two witnesses who testify that he bequeathed the performance of Hajj.
The presenter: From the estate, meaning?
The Shaykh: From the estate. And as for if he wants to perform Hajj on his behalf from his own money as a voluntary act, because he was bequeathed to do so, may Allah reward him with good, and there is no need to inform them.
The presenter: May Allah reward you with good.
The listener (S. M. H.) from the town of Dhukhan sent a message saying: When a person passes away and bequeaths to another person to perform Hajj on his behalf, and the one bequeathed to was unable to perform Hajj, and did not inform the deceased's family of this, what must he do? Should he perform Hajj on his behalf without informing the deceased's family? Or should he inform them, despite the great difficulty involved?
Please inform us. May Allah reward you with good.
Answer:
If he performs Hajj on his behalf based on the bequest, using his own money, as an act of kindness, may Allah reward him with good. However, if the deceased bequeathed that Hajj be performed on his behalf from his own estate, the deceased's family must be involved; because his statement alone is not sufficient. There must be proof in the form of two witnesses who testify that he bequeathed the performance of Hajj.
The presenter: From the estate, meaning?
The Shaykh: From the estate. And as for if he wants to perform Hajj on his behalf from his own money as a voluntary act, because he was bequeathed to do so, may Allah reward him with good, and there is no need to inform them.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.