What is the ruling on bequeathing money for Hajj on behalf of the mother if she passed away before the father, the testator? Should this money be used for Hajj on behalf of the mother, or should it be divided among the heirs?
The father's bequest of money for the mother to perform Hajj is unenforceable for two reasons:
First: It is a bequest to an heir, and it is not valid unless approved by the adult, mature heirs.
Second: The death of the legatee (the mother) before the testator (the father), which invalidates the bequest, based on the statement of Ibn Qudamah: "If the legatee dies before the testator, the bequest becomes void. This is the opinion of most scholars."
Therefore, the money becomes part of the father's estate and is distributed among his heirs, unless the adult, mature heirs waive their right to the money and agree that Hajj be performed on behalf of their mother with it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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