Date : 02-03-2010

Question :

My sister who has two sons, one daughter and a husband passed away. It is worth mentioning that my father and mother are alive. My late sister left a certain sum of money that she was saving with us to meet her needs and those of her children because her husband didn`t spend enough money on them. She worked for the government and was seriously planning to perform obligatory Hajj. To the best of our knowledge, her husband would never perform Hajj on her behalf. Now,  we aren`t sure what to do. Should we perform Hajj on her behalf utilizing her own money to cover the expenses or divide that sum amongst her heirs? 

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The answer to your question involves two cases:

1-If the deceased woman was liable for obligatory Hajj in the sense that she was able physically and financially, and nothing prevented her from performing this great act of worship, then money must be taken from her estate to cover the expenses of performing Hajj on her behalf. However, if you feared that her heirs would never perform Hajj on her behalf and that they would take the money for themselves, then you are allowed to deputize someone to perform Hajj on her behalf without informing the heirs about the money utilized to cover the expenses.

2-If she died and wasn`t liable for performing obligatory Hajj in the sense that she wasn`t able physically and financially and in terms of obtaining the necessary visa, then the money she left is the right of her heirs and must be divided amongst them according to the rules of inheritance in Islam. And Allah the Almighty knows best.