Whoever died without performing Hajj, Hajj is performed for him from his Wealth
Question :
A man died without fulfilling the obligation of Hajj and he made a will that Hajj be performed for him from his wealth. Thus, the question is concerning the correctness of this Hajj, and is the Hajj performed by someone else like his performing Hajj for himself?
Answer:
If the Muslim dies without fulfilling the obligation of Hajj while he has completely fulfilled the conditions of its obligation, it is obligatory that Hajj be performed for him from his wealth that he left behind. It makes no difference whether he left a will to do that or not. If someone else performs Hajj for him from those whose Hajj is considered correct, and the person has already performed the obligation of Hajj for himself, his Hajj for the deceased is correct. This suffices in removing the obligation from the deceased. In reference to evaluating the Hajj of a man for someone else and is it like his Hajj that he performs for himself or is it more or less in virtue, that is referred to Allâh. There is no doubt that it is obligatory upon him to make haste in performing the Hajj if he is able to before he dies. This is due to the evidences of the Islamic law that prove that, and it is feared that he has committed a sin in delaying it.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 4 Page 71
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