Does the existence of an undivided or unsold share of land belonging to a deceased maternal aunt, which she never possessed and was perhaps unaware of her right to it, constitute a financial ability that obligates her to perform Hajj?
Hajj must be performed on behalf of the deceased from their estate if they owned land in excess of their basic needs and did not perform Hajj or appoint someone to perform it on their behalf during their lifetime. If they were unaware of the existence of that land until they died, the obligation to perform Hajj on their behalf from it does not cease. This is because Hajj becomes firmly established as a debt upon them based on the reality of the matter, not on their assumption. Some jurists hold that the obligation of Hajj does not become firmly established without knowledge of the wealth, but the more preponderant view is that what is negated is the ability to perform it directly, not its establishment as an obligation.
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