Q: A person passed away leaving some money but did not perform Hajj which was her wish. A family member wishes to do Hajj on her behalf. Is it permissible and for how long should he be in Saudi Arabia? Should all his expenses be taken from the estate of the deceased? If he takes a family member should he bear the expense?
A:If the marhoom (deceased) did not make a bequest then any family member can sponsor a haj for her. In this case the money cannot be taken from the estate unless all the heirs give permission and there are no minor heirs because one cannot use their money even if they give permission. If she did make a bequest then the haj will be sponsored from one third of her estate.The average package can be sponsored with a little spending money to cover costs like transport and food etc. However the person making the haj must make ifraad haj (haj only without umrah).
If he takes a family member then he should pay from his pocket and not from the estate.
Council of ulama