Must the costs of Hajj be calculated within the estate of the deceased who did not perform Hajj despite being able to, in addition to other debts, before distributing the inheritance among: a wife, 3 sons, two full brothers, and a full sister?
The debts of the deceased must be paid before the division of the inheritance, based on the Almighty's saying: "after any bequest he may have made or debt." If the deceased did not perform the obligatory Hajj despite being able to, then the expenses for performing Hajj on his behalf must be taken from the estate. If the estate is insufficient to cover both the debt and the Hajj expenses, then there are varying opinions among scholars regarding which takes precedence. If anything remains of the estate after paying the debts and allocating for Hajj, it is divided among the heirs: his wife receives one-eighth due to the presence of a lineal descendant, and the remainder goes to his male children by virtue of 'asabah (agnatic succession). There is nothing for the full brothers due to the presence of a son. In this case, the estate is divided into 24 shares: 3 shares for the wife, and 21 shares for the three sons (7 shares for each son).
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