Is it permissible for an heir who paid for Hajj expenses to retrieve money from jewelry that was intended to be used for the Hajj expenses?

Question:

1. Somebody passed away and said to his children: “Sell this jewelry and perform Hajj for my parent”. One heir gave money for the Hajj and said, “After the jewelry will be sold, I will take the money”. The question is who is the owner of the jewelry now? And nobody paid zakat on it?

1. Somebody had dry sperm on his clothes and was not aware.
   He then placed his dry hand on the dry impurity. The question is must he consider his hand impure? He didn’t wash his hands and now he is having doubts. 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, when an individual makes a bequest that Hajj be performed from a stipulated amount of money, only that much will be utilized that will suffice for the Hajj. [1] The extra will be distributed between the heirs as inheritance. 

Hence, if the heir who paid for the Hajj expenses did so with the explicit consent of the rest of the inheritors with the agreement that he will retrieve his money after selling the jewelry, then he may retrieve his money after selling the jewelry.  However, if the heir paid without prior discussion with the remaining inheritors, then this act of his will be considered a favor from his side.  He will have no right to retrieve his money as the jewelry will now be part of the estate. 

Zakāh is only necessary on the money after it is distributed and given to the heirs.  Prior to distribution, the money is not Zakātable. [2]

With regards to the dry impurity, it did not make his hand impure.  His hand remained pure.

And Allah Ta’āla Knows Best

Mawlana Abdul Azīm bin Abdur Rahman,
Student Darul Iftaa
U.S.A.

Checked and Approved by,
Mufti Ebrahim Desai.