the bequeathed amount for the obligatory Hajj does not suffice, it is completed from the principal capital. If it was voluntary, then Hajj is performed with it to the extent that it reaches, according to what has already passed.

Section: If he designates a man for the Hajj, and he refuses to perform it, the designation becomes void, and Hajj is performed on his behalf by the least amount possible through another trustworthy person, and the remainder is disbursed to the heirs. If the designated person says: "Disburse the Hajj to whoever will perform it, and give the excess to me, for it was bequeathed to me," nothing is disbursed to him, because he was only bequeathed the surplus on the condition that he perform the Hajj. When he does not do so, the condition is not met, and he is not entitled to anything.

983 - Issue; he said: (And if he says: "Perform a Hajj on my behalf. Whatever exceeds it should be returned to the heirs.")

As for when he bequeaths a Hajj and does not mention an amount of wealth, it is not given to the one who performs the Hajj except for the amount of the cost of the standard equivalent, for the reasons we have mentioned. If there is an excess over that, it is for the heirs. This is built upon the premise that it is not permissible to hire someone for Hajj; rather, a deputy acts on his behalf. Thus, what is spent on him for what he needs is from the testator's wealth, and what remains is returned to his heirs. If the wealth is destroyed on the road, it is from the testator's wealth, and it is not upon the deputy to complete the journey to perform Hajj on his behalf. According to the other report, it is permissible to hire [someone] for it, so he does not hire anyone except a trustworthy person for the least amount possible, and whatever exceeds it is for the one who performs the Hajj, because he took ownership of what was given to him through a contract of hiring (ijara). If the wealth is destroyed on the road after the hired person has taken possession of it, it is from his own wealth, and he is bound to complete the Hajj. If he says: "Perform Hajj on my behalf," and does not say: "A single Hajj," only one Hajj is performed on his behalf, because it is the minimum to which the name applies. If he designates with this someone to perform Hajj on his behalf, saying: "Let so-and-so perform Hajj on my behalf," then the amount of his expenses from his town is given to him if it comes out of the third. If he refuses the Hajj except with an increase to be disbursed to him, it is appropriate that it be disbursed to him