Current Legal Issues

Making a Will for Performing Hajj

Q. Is making a will, by appointing someone, who is physically disabled, to perform hajj, for the mukkalf after their death, in order?

[There are three assumptions]. Either the person who made the will did not know of the disability [ of the agent]; or it (disability) could have happened after the will had been made and he did not know of it until his death; or it could have come about after the death of the person who made the will. There is no problem with all these assumptions, i.e. the will is in order. However, if the will was made with the knowledge that the agent was disabled, yet the mandatory did not pay attention to this fact, the will is batil, and thus unenforceable. If, however, the subject of the will was hajjatul Islam (A Muslims maiden pilgrimage to Makkah, that is obligatory), combining the enforcement of the will and deputising an able-bodied person [to perform hajj] should be carried out. Expenses [for the hajj journey] should come of the estate of the deceased, as a matter of ihtiyat wujubi [luzumi]. If the hajj was mustahab (a voluntary, and meritorious, act of worship, as opposed to wajib - obligatory one), expenses arising from the enforcement of the will should come of the ‘third of [the estate].