What is the ruling if the designated person for a specific Hajj demands an excess amount?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 6 · Bab 1

Open in Qurani

Primary text

If a specific person is designated for the Hajj, and this expense is taken from the bequest portion (one-third), the amount of their customary expense from their hometown upon departure is given. If they refuse to perform Hajj except for an increase, it is proper to give them the least possible amount required for another trustworthy person to perform it.

Supporting text

If the designated person refuses to perform the Hajj, and the Hajj was obligatory, another substitute must be appointed using the least possible expense. If the Hajj was voluntary, the bequest may be voided because a specific object was designated for the purpose, and its refusal voids the bequest, similar to a sale contract failing when the specified buyer refuses.