The World Federation One Stop Fiqh

Ruling 2736

Hajj that had become obligatory for a deceased person on account of him being able (mustaṭīʿ)6 to perform it, and the debts and religious dues that are obligatory to pay – such as khums, zakat, and maẓālim – must be paid from his entire estate even if he has not made provision for these in his will. As for dues pertaining to recompense (kaffārah) and vow (nadhr), including hajj that had become obligatory on account of a vow, these are paid from the one-third of his estate if they have been mentioned in a will.

6 See Ruling 2045, condition 4.