to be fulfilled.” (1) Thus, enough is taken from his estate to cover Hajj and Umrah; whatever remains is then for the bequest and the heirs. This is taken from his estate whether or not he made a bequest, just as, if he owed a debt, we would take it from his estate whether or not he had made a bequest concerning it.

For example, a man whom Allah made wealthy before he performed Hajj, yet he did not perform it and then died leaving wealth: according to the author’s view, it is to be taken from his estate. However, Ibn al-Qayyim, may Allah have mercy on him, held a sound view: whoever neglects an obligation is not absolved of liability even if it is performed on his behalf after his death. Accordingly, Hajj is not to be performed on his behalf, and he remains answerable before Allah, Mighty and Majestic. The majority, however, differed with Ibn al-Qayyim’s view, though his view is what the religious evidence entails.

It is understood from the author’s words that if he dies without leaving an estate, no one is required to perform Hajj on his behalf.