Who bears the loss if the bequest money for Hajj is lost while the substitute is traveling?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the money intended for the Hajj substitute is lost en route, the loss falls upon the estate of the testator (the original bequestor). The substitute is not obligated to complete the Hajj using their own means.
Supporting text
Under the alternative narration, hiring for Hajj is permissible. If the money is lost after the hired agent receives it, the loss falls upon the agent's wealth, and the agent is obligated to complete the Hajj.