Seeking a proxy Hajj for a deceased person from his social security benefits
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The second question of Fatwa No. ( 18702 )
Q2: Is it permissible to perform a proxy Hajj for a deceased person from the social security benefits he was receiving while he was alive or not?
A2 : If he had accumulated from the money paid to him from social security or other sources an amount sufficient to enable him to perform Hajj, and he had not performed the obligatory Hajj, then a proxy Hajj should be performed on his behalf from this money, taking precedence over the rights of the heirs, just like other debts. However, if he had already performed the obligatory Hajj, then a proxy Hajj should not be performed on his behalf from this money or from any other part of the estate, unless he had made a bequest to that effect, on the condition that the bequest is one-third or less of the estate, unless the heirs who are of sound mind permit what exceeds one-third. As for if the intention is that the social security benefits continued to be paid after the death of the deceased because the agency responsible for paying them was unaware of his death, then this is money taken without right, so it is not permissible to perform Hajj on his behalf with it, and the agency must be informed of his death so that the regulations are applied to his case.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: Is it permissible to perform a proxy Hajj for a deceased person from the social security benefits he was receiving while he was alive or not?
A2 : If he had accumulated from the money paid to him from social security or other sources an amount sufficient to enable him to perform Hajj, and he had not performed the obligatory Hajj, then a proxy Hajj should be performed on his behalf from this money, taking precedence over the rights of the heirs, just like other debts. However, if he had already performed the obligatory Hajj, then a proxy Hajj should not be performed on his behalf from this money or from any other part of the estate, unless he had made a bequest to that effect, on the condition that the bequest is one-third or less of the estate, unless the heirs who are of sound mind permit what exceeds one-third. As for if the intention is that the social security benefits continued to be paid after the death of the deceased because the agency responsible for paying them was unaware of his death, then this is money taken without right, so it is not permissible to perform Hajj on his behalf with it, and the agency must be informed of his death so that the regulations are applied to his case.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.