The Case of One Who Makes a Will for al-Hajj, and It Is Performed from a Place Other than What the Will Requires, or the Will Says Something Less in al-Hajj

سَأَلْتُ أَبَا الْحَسَنِ ع عَنْ رَجُلٍ مَاتَ وَ أَوْصَى بِحَجَّةٍ أَ يَجُوزُ أَنْ يُحَجَّ عَنْهُ مِنْ غَيْرِ الْبَلَدِ الَّذِي مَاتَ فِيهِ فَقَالَ مَا كَانَ دُونَ الْمِيقَاتِ فَلَا بَأْسَ.

“I once asked abu al-Hassan (a.s.), about a man who has said in his will to perform al-Hajj on his behalf; if it is permissible to perform al-Hajj for him from a place other than where he has died. He (the Imam) said, ‘It is not harmful to perform it from any place before Miqat (place for assuming the state of Ihram).”

قَالَ أَبُو عَبْدِ اللَّهِ ع‌ فِي رَجُلٍ أُوصِيَ بِحَجَّةٍ فَلَمْ تَكْفِهِ مِنَ الْكُوفَةِ إِنَّهَا تُجْزِئُ حَجَّتُهُ مِنْ دُونِ الْوَقْتِ‌[2].

“This is about a man who in his will has said to perform al-Hajj for him and his asset is not enough to perform it from al-Kufah. Abu ‘Abd Allah (a.s.), has said, ‘It is sufficient to perform it from any place before Miqat (place for assuming the state of Ihram).”’

سَأَلْتُ أَبَا الْحَسَنِ الرِّضَا ع عَنِ الرَّجُلِ يَمُوتُ فَيُوصِي بِالْحَجِّ مِنْ أَيْنَ يُحَجُّ عَنْهُ قَالَ عَلَى قَدْرِ مَالِهِ إِنْ وَسِعَهُ مَالُهُ فَمِنْ مَنْزِلِهِ وَ إِنْ لَمْ يَسَعْهُ مَالُهُ مِنْ مَنْزِلِهِ فَمِنَ الْكُوفَةِ فَإِنْ لَمْ يَسَعْهُ مِنَ الْكُوفَةِ فَمِنَ الْمَدِينَةِ.

“I once asked abu al-Hassan, al-Rida’ (a.s.), about a man who dies and says in his will to perform al-Hajj for him. Where from this al-Hajj must be performed? He (the Imam) said, ‘It is according to the amount of asset assigned for it. If it is sufficient from his home, then it must be performed from his home; if it is

يُحَجُّ عَنْهُ مِنْ بَعْضِ الْأَوْقَاتِ الَّتِي وَقَّتَهَا رَسُولُ اللَّهِ ص مِنْ قُرْبٍ.

“About a man who dies and in his will says to perform Hajjahta al-Islam for him, but his legacy is not sufficient. It is altogether fifty dirham. Abu ‘Abd Allah (a.s.), has said, ‘It must be performed for him from any one of the Miqat (place for assuming the state of Ihram) from which the Messenger of Allah, O Allah, g

يَحُجُّ بِهَا رَجُلٌ مِنْ مَوْضِعٍ بَلَغَهُ.

“I once asked abu ‘Abd Allah (a.s.), about a man who in his will has said to perform al- Hajj for him, but has left behind twenty dirham for al-Hajj. He (the Imam) said, ‘A man can perform it for him from wherever it is sufficient.’”