What is the ruling regarding a bequest to perform a mandatory act, such as Hajj or debt repayment?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a person bequeaths the performance of an obligatory act, such as mandatory Hajj, debt repayment, Zakah, or expiation, from the entirety of their estate, this serves as confirmation of what is already legally required. The performance is undertaken from the testator's origin capital, and if the estate is insufficient, the entire estate is used for the obligation, just as if no bequest was made. If the bequest specifies that the obligatory act be performed using the one-third portion of the estate, it is still valid. If there are no other bequests, this specification is ineffective, and the obligatory act is paid for from the entire estate, as if no bequest was made. If there is a voluntary bequest (tabarru'), the obligatory act takes precedence, and any remainder from the third goes to the voluntary bequest. If nothing remains, the voluntary bequest lapses. If the third is insufficient for the obligatory act, the remainder is completed from the main capital.
Supporting text
Al-Qadi stated that the obligatory act is completed from the main capital if the third is insufficient. Abu al-Khattab suggested that the obligatory act shares the one-third with other bequests, implying a proportional division where the obligatory portion is completed from the main capital, potentially leading to complex calculations involving 'al-jabr' (compulsion/adjustment) if both obligatory and voluntary bequests compete for the third. Another view holds that if the obligatory act is bequeathed without specifying the source, it is taken from the main capital, preceding voluntary bequests and inheritance, leaving the remaining third for voluntary bequests.