Hajj-e-badal for a person who did not make any bequest

Q: My question is that my mother passed away 38 years ago. She made her niyyat to do her hajj but she passed away before she could do it. My mother had 2 children from a previous marraige and the one son passed away 12 years ago without doing his hajj. Almost three years ago my father passed away also without doing his hajj. He left a house behind which we as his sibblings are in the process of selling. Can we take from our inheritance from selling the house to do pay someone to do their hajj-e-badal for the three of them that has passed away?

A: Since they had not made a bequest nor did they leave any wealth behind for the hajj-e-badal the hajj-e-badal is not compulsory. If any person wishes to make the hajj and pass the thawaab to him with his personal wealth without any coercion it is permissible.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)