Q. If Hajj was not compulsory on a woman and she died, is it allowed for her husband to perform Hajj for her even if he has not done it himself? What will be the case if someone has given him the funds to go on her behalf?
A. If Hajj was not compulsory upon the woman, then performing hajj on her behalf will fall into the category of a Nafl (optional) Hajj, and not (Hajj-e-badal), ‘one that is done on another’s behalf’. If Hajj became compulsory upon the husband, then it is essential upon him to first perform his hajj before doing it on behalf of another. If Hajj did not become compulsory upon him, and the funds have been given to him to perform hajj on behalf of the deceased wife, then it is permissible. However, if it is done, the deceased will still gain the blessings of the Hajj performed.
And Allah knows best.
Mufti Waseem Khan