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What say the noble muftis about zaid if ordered in his will for someone to make hajj for him, and after his death from 1/3 of his wealth one cannot pay the expenses of someone’s hajj?

Answered as per Hanafi Fiqh by ShariahBoard.org
What say the noble muftis about zaid if ordered in his will for someone to make hajj for him, and after his death from 1/3 of his wealth one cannot pay the expenses of someone’s hajj? So, can his heir’s pitch in to cover the remainder of the expenses? If they do, would this hajj be valid on his behalf or would it become a nafil hajj? Lastly, are the heir’s allowed to suggest if the person should do ‘tamatu’ or ‘qiran’?
if the person to whom it was requested to perform hajj, keeps 1/3 portion of the deceased money saved and uses it to cover all the expenses from Arafat to Mecca of going and coming then this would be in consideration of obligatory hajj and all the other things are in consideration of supererogatory, therefore, the heir’s cannot ask the person to either make ‘tamatu’ or ‘qiran’. In case, the money falls short to cover all the expenses then heir’s can gather the money from anywhere and facilitate the hajj from anywhere in the world and hajj would be completed. However, it’s suggested that the person should be sent from the home place of the deceased person in which case there would be no dispute in the completion of the hajj on behalf of the deceased person.

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This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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