Hajj savings part of deceased’s estate

QUESTION:-

My mother had saved up some money for Hajj, but she passed away before she could perform Hajj. Does the money form a part of her estate?

ANSWER:-

The Hajj savings left behind by your late mother will form part of her estate, and will have to distributed according to the Shari’ee law of inheritance. However, if your mum left behind a Wasiyyah (bequest) stating that Hajj should be performed on her behalf if she had not performed her Hajj, then such a Wasiyyat should be fulfilled, with the proviso that it does not exceed more than one third of the estate value (after settling burial costs and paying outstanding debts). If the bequest exceeds one third of the estate value (after settling burial costs and paying outstanding debts), then it may be executed (in full) only if all the heirs consent to the bequest being fulfilled.

وَأما إِذا كَانَت الْوَصِيَّة بِثلث المَال أَو بربعه وَنَحْو ذَلِك فَإِن خرج يكون لَهُ وَإِن لم يخرج يكون لَهُ بِقدر الثُّلُث (تحفة الفقهاء ص209 ج3)

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:-

Mufti Mohammed Desai

Date:- 18 Dhul Qa’dah 1444 / English Date: 08 June 2023