The World Federation One Stop Fiqh

Ritual 97

If a person sells his house for a sum of money and makes it conditional on the buyer that he should spend it in the performance of an obligatory pilgrimage after his death, upon his death the amount in question will form part of his estate. If the pilgrimage to be performed was Hajjatul Islam, the condition becomes operative and it is obligatory to spend the sum on the remuneration for the pilgrimage, provided it does not exceed the usual remuneration. If it does, the deficit will be met from the one-third of the estate.

If pilgrimage was not that of Hajjatul Islam, the condition will still be sound and the whole remuneration will be paid from the one-third. If that share is insufficient, the condition shall no longer be operative insofar as the shortfall is concerned.