The World Federation One Stop Fiqh

Ritual 73

If a person on a deathbed has an obligation to perform his first pilgrimage and has adequate means, he must make sure that it will be performed after his death, even by directing in his will and in the presence of witnesses.

However, if he has no adequate means but thinks somebody will volunteer to perform pilgrimage for him, he must stipulate that in his will. If he dies, pilgrimage must be performed from his estate, as must also be done if he has made a general direction about it without qualifying that its expenses be defrayed from his bequeathable one-third.

However, if he directs that pilgrimage be performed from his portion of one-third in the estate and the expenses can be met therefrom, the expenses must be paid for from that portion and must take precedence over all other instructions in the will. If the bequeathable one-third of the estate is insufficient to meet the expenses, the balance must be defrayed from the entire estate.