Can the executor perform Hajj on behalf of the deceased if the bequest simply names a person to perform it?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a testator mandates that a specific person perform Hajj on their behalf, the executor is forbidden from performing the Hajj themselves. This ruling is explicitly stated by Ahmad. This situation is analogous to a testator stating, 'Give charity on my behalf,' in which case the legatee cannot give charity on their own behalf.