What is the ruling on performing Hajj on behalf of a deceased person who was obligated to perform it?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If a person dies having been obligated to perform Hajj but did not perform it, an amount sufficient for him to perform Hajj and Umrah must be spent from his entire estate, regardless of whether he failed to perform it through negligence or without negligence. This is the position of Al-Hasan, Tawus, and Al-Shafi'i. The basis for this ruling is the Hadith narrated from Ibn Abbas where a woman asked the Prophet (peace be upon him) about her father who died without performing Hajj, and the Prophet commanded: "Perform Hajj on behalf of your father." In another narration, when a woman who vowed to perform Hajj died, the Prophet advised her brother, asking if he would pay his sister's debt, and then stated: "Then pay off the debt of Allah, for it is more worthy of being paid off." This obligation is treated like a debt owed to Allah and is established upon the deceased, thus allowing for deputation (Niabah) and being paid from the entire estate, similar to a debt owed to a person.
Supporting text
Abu Hanifa and Malik hold that the obligation lapses upon death, though if the deceased left a bequest (Wasiyyah) for Hajj, it is paid from the third of the estate. They argue that since Hajj is a physical act of worship, it is excused by death, similar to prayer.