The World Federation One Stop Fiqh

Ritual 100

If the property was lost while in the possession of the executor without negligence on his part, he shall not be held responsible to compensate it. An agent must be appointed from the remainder of the estate if the pilgrimage is Hajjatul Islam and from the one-third portion, if not. If the remainder had already been distributed among the heirs, a sum sufficient for the remuneration of the agent should be recovered from them proportionately.

The same rule applies if a person is appointed an agent and dies before performing pilgrimage without leaving any estate, or if it is not possible to recover it from his estate.