Rule 77...

Rule 77: If a person dies without having performed obligatory pilgrimage and his estate is not sufficient to meet the expenses of having it performed, the available assets must be used to repay the debts, and khums and zakah; the balance should be distributed among the heirs. It is not obligatory on the heirs to supplement the expenses of pilgrimage from their personal property.

Rule 78: If a person dies without having performed obligatory pilgrimage, it is not necessary to pay for the expenses of the pilgrimage from the country of residence of the deceased. It is sufficient to pay from the Meqat. Indeed, it is sufficient to appoint an agent from the Meqat with the most reasonable cost. As a matter of preferential precaution (al ahwatil awla), if the estate is large, it is better to pay for the expenses from the country of the deceased.

If the estate is very large and the heirs are absolutely determined to have the pilgrimage performed, expenditure from the estate is permissible. This is also the rule in respect of the debts of the deceased. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share of the young heirs must not be used to meet the cost.

Rule 79: If a person dies without having performed obligatory pilgrimage, it, as a matter of precaution (al ahwat), is mandatory to have it performed in the same year the person died. If it is not possible to hire an agent from the Meqat in that year, it is, as a matter of precaution, obligatory to send an agent from the country of the deceased and defray his expenses from the gross estate.

It is not permissible to delay it to the succeeding year, even if it is known that in the following year, it will be possible to engage an agent from the Meqat. However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share from the young heirs must not be used to meet the cost.

Rule 80: If a person dies without having performed obligatory pilgrimage and it is not possible to obtain an agent at a reasonable fee, it is, as a matter of precaution, obligatory to appoint one, even at a higher rate and defray the expenses from the gross estate. It is not permissible for the heirs to postpone the pilgrimage to the following year, even if some of them are young.

However, if the cost from the country of the deceased is higher than the cost from the Meqat, the share of the young heirs must not be used to meet the cost.