One might say: Could this not be done by one heir fasting three days, then, after he breaks his fast, another fasting three days, and so on until it is completed?
The answer is that it cannot truly be said of any one of them that he fasted two consecutive months. Accordingly, we say: if the deceased was obliged to fast two consecutive months, then either one of the heirs volunteers to fast them on his behalf, or they feed one poor person for each day.
His statement, “or Hajj,” is read without tanwin, for the reason previously mentioned.
That is: whoever dies owing a vowed Hajj, his guardian should perform Hajj on his behalf.
The evidence for this is that a woman asked the Prophet, may Allah’s peace and blessings be upon him: “My mother vowed to perform Hajj but did not do so before she died. Should I perform Hajj on her behalf?” He said, “Yes.” (1)
The same likewise applies to the obligatory Hajj required by one’s acceptance of Islam. The evidence is:
- The hadith of Ibn Abbas, may Allah be pleased with them both: The Messenger of Allah, may Allah’s peace and blessings be upon him, heard a man saying, “Here I am, O Allah, answering Your call, on behalf of Shubrumah.” He asked, “Who is Shubrumah?” The man replied, “A brother of mine, or a relative of mine.” He asked, “Have you performed Hajj for yourself?” The man replied, “No.” He said, “Perform Hajj for yourself, then perform Hajj on behalf of Shubrumah.” (2)