How is the excess money handled when a specific sum is bequeathed for a single Hajj, whether mandatory or voluntary?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a person bequeaths a specific sum for one Hajj and there is an excess beyond the cost of that Hajj, the excess belongs to the person performing the Hajj, as the intent was to benefit them with the surplus. If the testator specified a person to perform the Hajj with that sum, the money is given to that individual. If no person is specified, the executor may allocate it to whomever they deem fit, as discretion has been delegated to them. However, the executor cannot allocate the excess to an heir without the heirs' permission, unless there is no excess, in which case it is permissible as there is no favoritism involved.
Supporting text
If the bequeathed Hajj is voluntary, the entire amount specified is taken from the one-third portion. If the Hajj is mandatory, the amount exceeding the cost of a typical Hajj ('nafqa al-mithl') is considered from the one-third. If the bequeathed amount is insufficient for the mandatory Hajj, the remainder is completed from the main capital. If the Hajj was voluntary, the amount is spent to the extent it reaches, based on prior arrangements.