It is said that on that day, the festivals of the followers of every religion were gathered, which had not occurred before nor would it occur after. As for naming the performance of Hajj as qada' (making up an obligation), it is indeed called that; Allah Almighty said: "Then let them complete (li-yaqdu) their rites of cleanliness" (12). Furthermore, the fact that an act is obligatory immediately (ala al-fawr) does not necessitate that its performance is termed qada'; for Zakat is mandatory immediately, yet if one delays it, it is not called qada'. Also, if a mandatory act that is due immediately is delayed, it is not called qada' al-qada' (making up for the make-up). If it is one's predominant belief regarding Hajj that he will not live to another year, it is not permissible for him to delay it; yet if he does delay it, it is not called qada'. Once this is established, we return to the explanation of the issue in the book, and we say: Whenever a person upon whom Hajj was mandatory dies without having performed Hajj, it is obligatory that there be taken from his entire estate that which will be used to perform Hajj and 'Umrah on his behalf, regardless of whether he missed it due to negligence or not. This is the opinion of al-Hasan, Tawus, and al-Shafi'i. Abu Hanifa and Malik said: It lapses upon death; however, if he made a bequest for it, then it is taken from the third of his estate. This is the opinion of al-Sha'bi and al-Nakha'i, because it is a physical act of worship and thus lapses upon death, like prayer. Our evidence is what Ibn 'Abbas narrated: A woman asked the Prophet (peace be upon him) about her father, who died without having performed Hajj. He said: "Perform Hajj on behalf of your father." And from him, that a woman vowed to perform Hajj and then died, so her brother came to the Prophet (peace be upon him) and asked him about that. He said: "Do you see that if your sister owed a debt, would you be the one to pay it off?" He said: "Yes." He said: "Then pay off (the debt) to Allah, for He is more deserving of payment" (16). Al-Nasa'i narrated both of them (17). Abu Dawud al-Tayalisi narrated this from Shu'bah, from Abu Bishr, from Sa'id ibn Jubayr, from Ibn 'Abbas, from the Prophet (peace be upon him). It is also because it is a right that was established upon him,