Leaving a Will: Funding Obligations for Performing Ḥajj on Behalf of the Deceased

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Funding Obligations for Performing Ḥajj on Behalf of the Deceased

English:

Question #1851:

A testator has directed in his will that his eldest son should perform hajj on his behalf with money paid from the proceeds of the sale of a piece of land he left. However, since the son could not secure the government permission to go to hajj at a good time and due to the spiraling cost of the journey, the proceeds of the sale of the land have become insufficient to pay for the expenses of hajj. Since this is the case, is it obligatory on the rest of the inheritors to help the eldest son out in order to enable him to act upon the will of the testator, or is it his responsibility alone as he is obligated to perform hajj on behalf of his father?

Answer #1851:

As the question goes, the rest of the inheritors should not have any responsibility towards bearing any expenses arising from the journey to hajj. However, if performing hajj did become obligatory on the testator and the proceeds of the sale of land are not sufficient to meet the expenses of hajj by proxy, even from the mīqāt, the shortfall of the expenses of a hajj, performed from the mīqāt, has to be met from the whole estate.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Leaving a Will