ভূমিকা

Shiavault - a Vault of Shia Islamic Books Hajj Rituals Making a will regarding pilgrimage Rule 73: If a person on a deathbed has an obligation to perform his first pilgrimage and has adequate means, he must make sure that it will be performed after his death, even by directing in his will and in the presence of witnesses. However, if he has no adequate means but thinks somebody will volunteer to perform pilgrimage for him, he must stipulate that in his will.

If he dies, pilgrimage must be performed from his estate, as must also be done if he has made a general direction about it without qualifying that its expenses be defrayed from his bequeathable one-third. However, if he directs that pilgrimage be performed from his portion of one-third in the estate and the expenses can be met therefrom, the expenses must be paid for from that portion and must take precedence over all other instructions in the will.

If the bequeathable one-third of the estate is insufficient to meet the expenses, the balance must be defrayed from the entire estate.

Rule 74: It has been said that if a person dies without having performed obligatory pilgrimage but leaves a deposit with a person who fears that if he gave it back to the heirs, they will not have the obligatory pilgrimage performed on behalf of the deceased, it is obligatory on that person to perform pilgrimage himself, or by an agent and pay the heirs only the balance, if any, after meeting the expenses. However, this is not free from ishkal, i.e. arguable or problematic.

Rule 75: A person may die without having performed obligatory pilgrimage; they may leave debts and liability of khums and zakah; their estate is not sufficient to discharge all these obligations. If the funds for such religious dues payable on the property were available, they must first be settled. If the deceased was indebted with same, pilgrimage will take precedence over their settlement; however, the settlement of debts takes precedence over pilgrimage.

Rule 76: If a person dies without having performed obligatory pilgrimage, it is not permissible for the heirs to have a free hand in his estate, without first meeting the expenses of the pilgrimage, irrespective of whether or not the estate is sufficient to meet the expenses. However, there is no objection to transactions made after provision has been made for the expenses of pilgrimage.