Rule 81...

Rule 81: If any one among the heirs admits that there was an obligation on the deceased to perform pilgrimage, it is not obligatory on those who think so to have the pilgrimage performed, except to the tune of their shares of inheritance. However, if the shares of those who consider so are not adequate to meet the expenses of the pilgrimage, it is not obligatory on them to meet the shortfall from their personal properties.

If a donor comes forward to make up the shortfall, or it is met in any other way, deputizing someone to perform Hajj for the deceased becomes obligatory. Rule 82: If a person dies without having performed obligatory pilgrimage, and a person volunteers to perform it on his behalf gratuitously, the heirs will no longer be required to have one performed themselves. The same applies in the event of the deceased instructing that pilgrimage be performed from his bequeathable one-third.

However, in both the cases the cost that would have been incurred on pilgrimage should not revert to the heirs, but be disposed of in good causes closest to the deceased's heart. Rule 83: If a person dies without having performed obligatory pilgrimage but directs in his will that an agent be appointed from his town to perform one, it is obligatory to do so.

However, the extra amount of remuneration, over what would have been paid if the agent was appointed from the Meqat, should be met from the bequeathable one-third of the estate.

If, in the will, he directs that pilgrimage be performed without specifying the starting point, it is sufficient to appoint an agent from the Meqat, unless there was an expressed that the agent be appointed from his town, for example, by designating a sum for pilgrimage which would adequate as a fee for the agent from the town.

Rule 84: If a person directs in his will that, in the event of his death, the agent, who is going to perform pilgrimage for him, be appointed from his town, and if the executor or heir appointed one from the Meqat, the appointment is invalid; This is so only if the remuneration be paid from the estate of the deceased. However, the obligation of the deceased will be discharged by the performance of the agent.

Rule 85: If the will of the deceased stipulates that an agent be appointed to perform pilgrimage from another town or country, it is obligatory to act on it and the expenses in excess of what would have been paid to an agent appointed from the Meqat will be met from the bequeathable one-third of the estate.