the minimum amount with which someone else could perform the Hajj. If he refuses the Hajj, and it was obligatory, another person is appointed in his place for the least amount possible for such an appointment. If it was voluntary, it is possible that the bequest becomes void, because he designated a specific channel for it, and when that channel does not accept it, the bequest becomes void, just as if he had said: "Sell my slave to so-and-so for a hundred," and he refuses to buy him. It is also possible that it does not become void, and someone else is appointed; because he intended the act of drawing near to Allah (qurba) and the designation; when the designation becomes void, the act of drawing near to Allah does not become void, just as if he had said: "Sell my slave to so-and-so, and give his price in charity." If so-and-so does not accept, then he is sold to someone else, and [the price] is given in charity.

Section: If he bequeaths to a man that he should perform a Hajj on his behalf, the executor (wasi) may not perform the Hajj himself. Ahmad stipulated this, just as if he said: "Give charity on my behalf," it is not permissible for him to give charity on his own behalf. If he says: "Perform Hajj on my behalf with whatever you wish," it is valid, and he has what he wishes, unless the heirs do not permit it, in which case he is entitled to a third.

Section: If he bequeaths that Zayd perform Hajj on his behalf for a hundred, and [that] 'Amr [gets] the remainder of the third, and Sa'd [gets] a third of his wealth, and the heirs grant permission, it is carried out according to what the testator said. If nothing exceeds the hundred, then 'Amr gets nothing, because he was only bequeathed the surplus, and there is no surplus. If the heirs reject, the third is divided between them in half: Sa'd gets a sixth, Zayd gets a hundred, and whatever exceeds the third goes to 'Amr. If nothing exceeds [it], then 'Amr gets nothing, because he was only bequeathed the increase, and there is no increase. Competition for it is not prevented, and he is not given anything, like the father's son (half-brother) with the full brother in competition with the grandfather. It is also possible that whenever there is an excess in the third beyond the hundred, each of them is reduced to half of their bequest; because Zayd is only entitled to the hundred by permission, so with rejection, it is necessary that he shares in the reduction according to his bequest, like other bequests. We have already mentioned the analogue of this issue previously. If Zayd refuses to perform the Hajj, and the Hajj was obligatory, another trustworthy person is appointed in his place for the Hajj for the least amount possible, and the remainder of the hundred goes to the heirs, and 'Amr gets what remains. If the Hajj was voluntary, there are two views regarding the voidance of the bequest for it, both of which we mentioned previously.