The World Federation One Stop Fiqh

Ritual 98

If a person donates, for example, his house to another on the condition that he performs a pilgrimage on his behalf after his death, the condition is valid and operative. It ceases to be the property of the donor and will not form part of his estate after his death, even if the pilgrimage is optional; the testamentary rules will not apply.

The same rule applies to a transaction in which the owner of the house passes ownership to another so that after his death the latter can sell the property and spend the proceeds to have a pilgrimage performed for him. In such a case, the condition is valid and operative, even if the pilgrimage is optional; the heirs will have no right in the property. If the recipient fails to fulfil the condition, the right in the property does not shift to the heirs, but to the executor or the Marji’, and if he nullifies the transaction, the property reverts to the estate of the deceased.