5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

In case one-third of a person’s property would sufficiently
meet the expense (of sending a deputy on hajj from his town), it
is sinful for him, (while dying), to will the amount of money that
will not suffice for sending a deputy from his town or to
command that a deputy should be sent from some other place.
If he did not appoint the place or the amount of money, a
deputy is sent from his town, even if he died on his way for hajj.
No one can go on hajj with his own money on behalf of a
person who commanded hajj while dying that his hajj should be
performed (after his death). If anyone does, hajj will belong to
himself. The dead person’s debt of hajj will not have been paid.
The person who makes hajj can present its thawâb to the dead
person after the hajj. The dead person’s hajj is performed by
using one-third of the property left by him, or the money which
he reserved from one-third of his property, and by starting the
journey from his town. The deputy may as well add some of his
own money to this. If the money reserved is insufficient a
deputy can be sent from any place offering convenience. If it is
still impossible, the (dead person’s) will becomes invalid. If a
person is alive but disabled (for hajj), he has to give the person
he deputes enough money to enable him to go on hajj from his
town. If the dead person did not add the stipulation that the hajj
should be done by using the property he left behind, his
inheritor may send a deputy with his own property, whether or
not he has the intention to meet the expense from one-third of
the heritage. If he has the intention to take it from the dead
person’s property, he cannot go on hajj himself. In the hajjes of
tamattu’ and qirân the cost of the qurbân belongs to the deputy.
If the deputy swears that he has made the hajj he is to be
believed. No one can ask him to return the money. A deputy
who has been perfidious can be dismissed before the
assumption of the ihrâm.
A person for whom zakât and hajj become fard, first goes on
hajj, immediately, and then gives zakât of what is left from the
hajj. If he cannot go on hajj, he gives the zakât of the entire
amount. After the time for hajj has come, that is, after the hajj
has become fard, it is not permissible to spend the money for
hajj buying things one needs, such as a house or a year’s
supply of food. One has to go on hajj. However, it is permissible
to buy them before the time of hajj comes. For hajj does not
become fard before its time comes.
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