Assalaam O Alaikum,
My brother passed away last December. He never performed Hajj. He has 2 sons in their early teens. Can they pay someone to perform their father’s Hajj? If their father left any money can they use that? If not. Can they take from theirs and pay someone to perform it?
Wa Alaikum Assalaam,
If the Father had left money specifically for the sake of Hajj and had requested someone to do Hajj Badal for him, then the money should be used for the performance of his Hajj.
If he did not leave money specifically for this, but left money as his estate, then this money will be distributed as inheritance among the rightful heirs. Having received a share of the inheritance, the sons can then use their share for the purpose of Hajj Badal of the father. If other inheritors wish to give their share for the sake of Hajj Badal for the father, then this is permissible.
Besides this, the sons can also give money to a person to do Hajj Badal for the father.
And Allah Knows Best.
Mufti Waseem Khan.
This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.