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Question: My brother died – he says – and he was 35 years of age, and he had not performed hajj [O] noble Shaykh, should I perform ‘umrah on his behalf, or hajj, since he had not performed hajj or ’umrah?
Response: If he has left funds [from his estate] which are sufficient for [doing] hajj and ‘umrah, then the obligatory hajj and ‘umrah should be performed on his behalf from his estate; [the necessary funds] should be taken out [from his estate] before [dividing up] the inheritance [between the heirs].
[And] this is from the obligatory rights [of the deceased] from the estate.
If however, he has died and not left [sufficient] funds, then hajj is not obligatory upon him, but if you want to do hajj or ‘umrah on his behalf as an act of charity to him, then there is no harm in that.
Originally published on 14 August, 2017.