Rule 77...

Rule 77: If a deceased dies without having performed the obligatory pilgrimage and his estate is not sufficient to meet the expenses of having it performed, the available assets must be applied towards the repayment of debts, khums and zakaah and the balance be distributed among the heirs. It is not obligatory on the heirs to supplement the expenses of the pilgrimage from their personal property.

Rule 78: If a deceased dies without having performed the obligatory pilgrimage, it is not necessary to pay for the expenses of the pilgrimage from the country of the deceased. It is sufficient to pay from the meeqaat. Indeed, it is sufficient to appoint an agent from the meeqaat closet to Makkah. As a matter of high precaution, 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 have decided definitely to have the pilgrimage performed, then 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 meeqaat, the share of the young heirs must not be utilised to meet the cost.

Rule 79: If a deceased dies without having performed the obligatory pilgrimage, it is obligatory to have it performed in the year of the death. If it is not possible to find an agent from the meeqaat in that year, it is 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 meeqaat.

However, if the cost from the country of the deceased is higher than the cost from the meeqaat, the share from the young heirs must not be utilised to meet the cost. Rule 80: If a deceased dies without having performed the obligatory pilgrimage and it is not possible to obtain an agent at the ordinary fee, it is obligatory to engage one even at a higher than the usual remuneration 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 meeqaat, the share of the young heirs must not be utilised to meet the cost.