What is the ruling for performing hajj on behalf of another who has passed away, and who is required to bear the expenses related to Hajj al-Badal?
When a person dies, his assets are subject to the following accordingly:
First: Funeral needs and expenses.
Second: Settle the mortgage or property on loan from others.
Third: Settle all his debt with man and to Allah.
Fourth: Distributing asset according to what is stated in his will (wasiat), if any.
Fifth: Distribute the balance of the estate to the deceased's heirs according to Faraid.
Therefore, if the deceased has not perfomed his obligatory haj during his lifetime when he has the ability to do so but could not do before his death, hence the beneficiary should perform the pilgrimage by using the property of the deceased. This is based on a hadith of the Prophet S.A.W as narrated by Ibn Abbas R.A:
أن امرأة جاءت إلى رسول الله صلى الله عليه وسلم فقالت:إن أمي نذرت أن تحج, فماتت قبل أن تحج, أفأحج عنها؟ قال:نعم, حجي عنها. أرأيت لو كان على أمك دين أكنت قاضيته؟ قالت:نعم. فقال:أقضوا الذي له, فإن الله أحق بالوفاء"
Which means: "A woman came to the Messenger of Allah and said:" My mother has made a vow to do the Hajj, but she has died before she could do it. Should I do it for him? So the Prophet replied: Yes. Do you not think that if your mother owed a debt, you would pay it off for her? Fulfil her debt to Alllah; for Allah is more deserving to fulfil what is owed to him " (Narrated by Bukhari)
Therefore, you may withdraw the savings of the deceased to be used for performing the pilgrimage on behalf of him, since it considered as a debt to God which must be settled immediately. The rest of his savings/ property shall then be divided in accordance with Faraid (Islamic inheritance law).
We would advise you to inform other faraid beneficiaries of this arrangement so as to avoid dispute and misunderstanding.
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