the first part of the journey, because the traversing of this distance was achieved with the money of the one on whose behalf the Hajj is performed. Thus, he does not have to spend [the money] a second time, just as if he had set out himself and died during part of the journey; indeed, the Hajj shall be performed on his behalf from the point where he stopped. He shall return any surplus money that remains with him, unless he is given permission to keep it. He should spend on himself according to his need, without extravagance or parsimony, and he has no right to give away any part of it, unless he is given permission to do so. Ahmad said regarding one who takes dirhams for Hajj: "He should not walk [to save money], nor should he be stingy with expenses, nor should he be extravagant." He also said regarding a man who took a Hajj [commission] on behalf of a deceased person and a surplus remained with him: "He shall return it, and he should not join the group in pooling expenses (15) except to the extent that it does not constitute extravagance, and he should not invite [others] to his food, nor should he be overly generous." Then he said: "As for when he is given one thousand dirhams, or such and such, and it is said to him, 'Perform Hajj with this,' then he is permitted to expand his spending from it, and if anything remains, it is his." If the deceased said: "Perform Hajj on my behalf with one thousand dirhams (16)," and they gave it to a man, he is permitted to expand his spending from it, and what remains is his. If we say: "Hiring for Hajj is permissible," then it is permissible for the payment to the substitute to be made without [a formal] hiring contract, and the ruling regarding it is as previously discussed. If he hires him to perform Hajj on his behalf or on behalf of a deceased person, he must observe the conditions of the hiring contract, such as the specification of the wage, the establishment of the contract, and so on. What he takes as a wage for himself, he owns, and it is lawful for him to dispose of it, to spend it liberally (17) on expenses and otherwise, and what remains is his. If he is prevented from completing the Hajj, or loses his way, or his provisions are lost, it is at his own risk, and the Hajj remains his responsibility. If he dies, the hiring contract is rescinded, because the subject matter of the contract has perished, so the contract is rescinded, just as if a hired beast died. The Hajj shall also be [performed] from the point the substitute reached, and any obligatory sacrificial animals (dima') that fall due are his responsibility because the Hajj is his obligation.

Section: As for the non-hired substitute, any sacrificial animals that fall due upon him because of committing a prohibited act are his responsibility to pay from his own wealth; this is because he was not given permission to commit the offense, so the obligation for it rests upon him, just as if he were not a substitute.