Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

ecomes sinful. Going on hajj is makrûh for a poor person who will
be in need and will have to ask for help from others on the way. A
deputy who has been given a choice may give the money to
another person and send him instead, regardless of whether or not
he becomes ill on the way. But he cannot send another person if he
has not been given permission. A hadji who dies before standing
on Arafât does not have to command in his last will that his hajj
should be made, if his going on hajj and dying happen in the same
year when the hajj becomes fard for him. But if he goes on hajj a
few years after (the hajj became fard for him), it will be wâjib for
him to command in his last will that a deputy should be sent from
his own city. A deputy may as well be sent from the place he has
appointed or from any place whence it is possible to send one with
the money he has allotted. Words used in a will must be chosen
with care.
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
a place as the starting point 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 while dying that his hajj should be performed (after
his death). If anyone does, the hajj performed will belong to the
performer himself. The dead person’s debt of hajj will not have
been paid. The person who makes hajj may 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, and as he does so he may or may
not intend to later collect it from one-third of the heritage. If he
has the intention to collect it from the dead person’s property, he
cannot go on hajj himself. In the hajjes of tamattu’ and qirân the
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