Leaving a Will: Handling a Bequest for Ḥajj When Someone Claims to Have Performed It Already

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Handling a Bequest for Ḥajj When Someone Claims to Have Performed It Already

English:

Question #1843:

In his will, a person appointed two people, one as executor and the other as overseer. This official appointment was confined to performing hajj on his behalf with money paid from the proceeds of selling a piece of land belonging to the testator. Meanwhile, a third person claimed that he had already performed hajj for the deceased of his own accord, i.e. without informing the executor or the overseer. After some time, the executor passed away. What should the overseer do in this case? Should he spend the proceeds to perform hajj for the deceased or give it to the claimant as compensation? Or he is obligated to do nothing in this regard.

Answer #1843:

If it was incumbent on the deceased to perform hajj and he wanted to discharge his responsibility by appointing a person to do it on his behalf, the performance of hajj by the third person would be sufficient. However, the latter should not demand payment from anybody for what he has done.
Otherwise, both the executor and the overseer should act upon the will of the deceased by arranging for hajj to be performed on his behalf with money paid from the proceeds of the sale of the land. Should the executor die before executing the will, the overseer should consult an authorized religious authority.

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