Rule 81...

Rule 81: If some of the deceased persons heirs consider that there was the obligation on the deceased to perform the pilgrimage and some do not, it is not obligatory on those who consider so to have the pilgrimage performed except to the extent of their shares of inheritance. If necessary, in the ultimate, they must litigate those who did not consider so in order that their shares in the estate are also utilised to defray the expenses.

The same rule applies if there is a disagreement on a question of debt. 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 subsidise the deficit from their personal properties.

Rule 82: If a person dies without having performed the obligatory pilgrimage, and a person performs one on his behalf gratuitously, it is not obligatory on the heirs any longer to have one performed themselves and the cost that would have been incurred on the pilgrimage will revert to the heirs for distribution among them.

However, if the deceased had directed that the pilgrimage be performed from his bequeath able one-third, the cost that would have been incurred on the pilgrimage will not revert to the heirs but should be spent on some good cause or alms in his name. Rule 83: If a person dies without having performed the obligatory pilgrimage but directs in his will that an agent be appointed from his town to perform one, then it is obligatory to do so.

However, the excess of the remuneration over what would have been paid if the agent was appointed from the meeqaat will be met from the bequeath able one-third of the estate. If, in the will, he directs that the pilgrimage be performed without more, then it is sufficient to appoint an agent from the meeqaat unless he expresses an intention that the agent be appointed from his town, for example by fixing a sum for the pilgrimage which would equal the remuneration for the agent from the town.

Rule 84: If a deceased directs in his will that the agent be appointed from his town but the executor or heir appoints one from the meeqaat, the appointment is invalid, if the remuneration was being paid from the estate of the deceased. However, the obligation of the deceased will be discharged by the performance of the agent.