In the narration of Hanbal, regarding a man who bequeathed that Hajj be performed on his behalf but the expenditure is insufficient, he said: 'Hajj is to be performed on his behalf from wherever the expenditure for a rider from his hometown reaches.' This is the opinion of Al-'Anbari. Al-Qadi said: 'He is to be assisted in the Hajj.' This is the opinion of Sawwar Al-Qadi, as related by Al-'Anbari. It is also narrated from Ahmad that he has the option in that matter. He said, in the narration of Abu Dawood, regarding a woman who bequeathed a Hajj that was not obligatory upon her: 'I am of the view that a third of her wealth should be taken and he be assisted in the Hajj with it, or Hajj be performed from wherever it reaches.' The third condition is that if there is a surplus after the Hajj, it is spent on a second Hajj, then a third, until it is exhausted, or there remains an amount insufficient for a Hajj, in which case Hajj is performed on his behalf from wherever it reaches, according to the difference of opinion we mentioned regarding it. He does not appoint a deputy for the Hajj while it is possible, except from the city of the one for whom the Hajj is being performed; because he is a deputy for the deceased and stands in his place, so he deputizes on his behalf from a place from which the one for whom the Hajj is performed would have performed it had he performed it himself. If the bequeathed amount is not covered by the third, the situation is either that the Hajj is mandatory or voluntary. If it is mandatory, the greater of the two is taken—either from the third or the amount sufficient for the mandatory Hajj. If the third is more, it is taken, then an amount sufficient for the obligation is spent from it, and then Hajj is performed with the remainder as a voluntary act until it is exhausted, as we mentioned earlier. If the third is less, the amount sufficient for the Hajj is completed from the principal capital. This is the opinion of 'Ata', Tawus, Al-Hasan, Sa'id ibn al-Musayyib, Al-Zuhri, Al-Shafi'i, and Ishaq. Sa'id ibn al-Musayyib and Al-Hasan said: 'Every obligation is from the principal capital.' Ibn Sirin, Al-Nakha'i, Al-Sha'bi, Hammad ibn Abi Sulayman, Al-Thawri, Abu Hanifa, and Dawud ibn Abi Hind said: 'If he bequeaths Hajj, it is from his third; otherwise, the heirs are not obligated to do anything.' According to their opinion, if the third does not cover the bequest, it is not increased beyond the third, because Hajj is an act of worship and is not binding upon the heir, just like prayer. Our position is the statement of the Prophet (peace and blessings of Allah be upon him): "If your father had a debt, would you pay it?" He said: "Yes." He said: "Then the debt of Allah is more deserving of being paid." Debt is from the principal capital, so that which is more deserving than it is more fitting.