Substitution (niyabah) is applicable to it, so it does not lapse upon death, just like a debt. Prayer is analogized to it, for substitution is not applicable to it. 'Umrah is like Hajj regarding qada' (making it up), as it is also mandatory. The Prophet (peace be upon him) commanded Abu Razin to perform Hajj and 'Umrah on behalf of his father (18). That which is used for Hajj and 'Umrah on his behalf shall be taken from his entire estate because it is an established debt, so it is taken from the entire estate, just like a debt owed to a fellow human.

Section: A person may be appointed as a substitute to perform Hajj on his behalf from the place where it became mandatory upon him, either from his home country or from the location where he became capable (19). This is the opinion of al-Hasan, Ishaq, and Malik regarding a vow. 'Ata' said regarding the one who made a vow: If he did not intend a specific place, then it should be from his miqat (the designated boundary for entering Ihram). Ibn al-Mundhir chose this view. Al-Shafi'i said regarding the one who owes the obligatory Hajj (hajjat al-islam): A substitute is hired to perform Hajj on his behalf from the miqat, because Ihram is not mandatory before it. Our evidence is that Hajj is mandatory upon the deceased from his home country, so it is mandatory that he be substituted from there; for the qada' (performance of an omitted obligation) corresponds to the original performance (ada'), just like qada' of prayer and fasting. The same rule applies to the Hajj of a vow and the performance of an overdue obligation (qada'). If he had two residences, the substitute is appointed from the closer of the two. If Hajj became mandatory upon him in Khurasan and he died in Baghdad, or it became mandatory in Baghdad and he died in Khurasan, Ahmad said: Hajj is performed on his behalf from the place where it became mandatory upon him, not from the place where he died. It is also possible that it be performed on his behalf from the closer of the two places; for if he were alive at the closer of the two places, Hajj would not be mandatory upon him from a farther place, and likewise for his substitute. If he performs Hajj on his behalf from closer than that, al-Qadi said: If it is less than the distance of qasr (the distance allowing the shortening of prayer), it is sufficient; because it is considered close. If it is further, it is not sufficient; because he did not fulfill the obligation completely. It is also possible that it is sufficient, but he is considered a wrongdoer, similar to one who was obligated to enter Ihram from the miqat but entered Ihram from before it.

Section: If he set out for Hajj and died on the way, Hajj is performed on his behalf from the place where he died, for he has already fulfilled part of what was mandatory upon him, so it does not become mandatory a second time. Similarly, if his substitute dies, another is appointed from