and if that is not possible, he must purchase another property and endow it for the purpose stipulated by the testator. This accords with what the scholars have stated concerning someone who says, “Sell my slave to Zayd and give the proceeds in charity.” If that person refuses to purchase him, the slave is sold to someone else and the proceeds are given in charity.

A bequest directing the purchase of a particular property and its charitable dedication as an endowment is like a bequest directing the sale of a particular property and the charitable distribution of its proceeds. Here, the beneficiary of the bequest is the charitable or endowment purpose, which remains in place. If the particular property specified is unavailable, its substitute takes its place. Similarly, if someone destroys endowed property or property bequeathed in a will, the compensation for each takes its place in this respect.

A distinction must therefore be drawn between the property bequeathed or endowed and substituting someone else for the beneficiary of the bequest or endowment. If someone made a bequest to Zayd, no one else would be entitled to it. Likewise, if he directed that a particular slave of his be emancipated, or vowed to emancipate a particular slave, and that slave died, another slave would not take his place.

The jurists disagreed concerning someone who directed that a particular person perform Hajj on his behalf for a specified sum, but that person declined, and the Hajj was voluntary: should Hajj still be performed on his behalf or not? There are two views, constituting two juristic positions within the school of Ahmad and other schools. This is because Hajj is an objective in its own right, while the particular individual designated is also an intended consideration. Some jurists therefore gave precedence to the designation of that individual.

Others said: Rather, Hajj is also an intended objective, just as charity and an endowment are intended objectives. Specifying the pilgrimage is like specifying the property to be endowed or given in charity. If what was specified cannot be secured, a substitute is provided, just as it is in charity and endowments.