Obligation regarding expenditure when a testator designates a specific amount or portion for Hajj.
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a person wills that Hajj be performed on their behalf using a specified portion of the third, the entire designated amount must be spent solely on Hajj, as it is specified for an act of worship, similar to stipulating expenditure in the way of God (sabeel Allah). The executor is not permitted to spend more than the customary expense (nutfat al-mithl) for the journey, as the unrestricted instruction for payment implies the market rate, analogous to appointing an agent for sale.
Supporting text
If the designated funds are sufficient for one Hajj based on the customary expense, the Hajj must be performed. If the funds are less than the customary expense, Hajj should be performed from the place the money allows, according to the apparent statement of Ahmad. If there are surplus funds after the first Hajj, they are used for a second, and then a third, until the funds are exhausted or insufficient for another full Hajj, in which case the remaining amount is used from the place it can cover.