What happens if the designated person (Zayd) refuses to perform the required Hajj?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If Zayd refuses to perform the Hajj, and the Hajj was obligatory, a trustworthy substitute must be hired to perform the Hajj for the least possible cost. The remainder of the one hundred is returned to the heirs, and whatever is left over from the one-third share goes to Amr.
Supporting text
If the designated Hajj was a supererogatory act (tatawwu'), there are two differing views regarding the nullification of the bequest for that Hajj.