The World Federation One Stop Fiqh

Ritual 90

The obligation of the deceased would not be discharged by the mere appointment of an agent to perform a pilgrimage on his behalf. If it becomes known that the agent did not perform the pilgrimage for a good reason or not, it is obligatory to appoint another agent and meet the expenses from the gross estate.

If it was, at all, possible to recover the sum from the first agent, it is obligatory to do so, in the event that the money was paid from the estate of the deceased.