What is the ruling regarding performing Hajj on behalf of a deceased person whose estate is insufficient to cover the expense from their hometown?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If the deceased's estate does not suffice for Hajj from their place of residence, the Hajj must be performed on their behalf from the location to which the available funds reach. This ruling is supported by the statement of the Prophet, peace be upon him: 'When I command you concerning a matter, then do of it what you are able.' Furthermore, since the heir is capable of performing part of the obligation, it becomes incumbent upon him, similar to Zakat.
Supporting text
A narration from Ahmad suggests that the Hajj obligation falls away if the estate is insufficient to complete it from the place where it was originally obligated. This implies that if a debt exists that consumes the funds needed for the full Hajj, the obligation is waived because the claim of a human being is prioritized over the confirmed right of Allah, especially when the obligation cannot be fulfilled as required.