The ruling on the obligation of making a will to perform Hajj on behalf of the deceased, and is it from one-third or from the capital ?

Abstract

This study examined the ruling on the obligation of a Hajj bequest on behalf of a deceased person and whether it should be from one-third of one's wealth or from one's capital. The researcher compiled relevant jurisprudential rulings and studied them in a jurisprudential manner. During this study, the researcher relied on scientific research methods, including: the inductive method in extrapolating the opinion of jurists of the five schools of thought regarding the ruling on the obligation of a Hajj bequest and their evidence for that, and whether it should be from the third or the capital? The analytical method in analyzing the legal texts and the texts of jurists, and the deductive method in deriving the rulings related to the issue under study.

The study aims to clarify the ruling on the obligation of making a will to perform Hajj on behalf of the deceased, and whether the fee should be in the form of a third or in the capital?

The results of the study indicate that it is obligatory for someone to bequeath Hajj to someone who has the ability to do so, but has not performed the Hajj obligation that God has made obligatory upon him until death approached him, because a bequest of God’s imposed rights is obligatory, and the Hajj that is obligatory by a bequest on behalf of the deceased is most likely to be for a fair wage from all of the money, especially since the text likened performing Hajj to paying off a debt, so it is necessary to resort to it. Also, a bequest for voluntary Hajj or Hajj of a vow is valid, and it is from one-third of the money.