What is the ruling if the designated person for Hajj requests the surplus funds, claiming them as a bequest?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the designated person says, 'Divert the Hajj expense to whoever performs it, and give me the surplus because it was bequeathed to me,' nothing is given to him. This is because the bequest to him for the surplus was conditional upon him performing the Hajj. Since the condition was not met, the entitlement does not arise.