If the Person Performing the Hajj Badal Passes Away

Q: Hajj-21: A deceased person made a bequest for Hajj Badal to be performed on his behalf. However, the person who was sent to perform the Hajj Badal passed away before the 9th of Dhul Hijjah. Is it necessary to send another person using the money from the estate?

Answer: Yes, as long as there is sufficient money in the third of the estate. This means that if the person performing the Hajj Badal passes away before reaching Arafat and there is sufficient money in one third of the estate to send another person from the deceased's town, this will be necessary. If the funds are not so generous, a person should be sent for Hajj from a place (closer to Makkah) for whom the funds will suffice. If such a situation recurs, more people should be sent for as long as the third of the estate can fund them, until it is exhausted or too little to fund anyone else. The bequest then becomes impracticable. The same procedure will apply if the money given for Hajj Badal is stolen.

Fatawa Rahimiyyah vol.3