Liability for disposing of money set aside for Hajj badal

Question

(1) Zayd prepared his brother-in-law (his sister’s husband) to perform Hajj badal (proxy Hajj) on behalf of his late father. He applied two years in a row, but his name did not come up in the draw. Zayd had given his brother-in-law some money for the application and for filling in the form — about one thousand; without bringing it to Zayd’s knowledge, the brother-in-law gave it to his nephew (his sister’s son) for trade.

Answer

(1, 2, 3) If the late father did not make a bequest that Hajj badal be arranged on his behalf, but Zayd himself has formed the intention of arranging Hajj badal for him and has kept money aside for this purpose, then arranging Hajj badal has not become wajib merely because of this intention.

Source: Fatawa Mahmudiyya

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