Performing Hajj on behalf of the deceased from their social insurance they used to receive during their life
Q 2: Is it permissible
to perform Hajj on behalf of the deceased from their social insurance which they used to receive during their life?
A:
If the person saved money from social insurance or other sources and was able to perform Hajj but they did not, it is obligatory to perform Hajj on their behalf paying for the expenses from their estate, as Hajj becomes like a debt and so takes priority over the inheritors' right. However, if the deceased performed Hajj, it is not obligatory to perform Hajj on their behalf from their social insurance or other sources of the estate, unless the deceased made a will to this effect. This is on the condition that the expenses should be within one-third or less of the estate unless the heirs accept to overstep the one third. However, if you mean that the social insurance is still being paid after death because the competent body is ignorant of the death, this is to be considered ill-gotten money, so it is not permissible to use it to perform Hajj on behalf of the deceased. This competent body should be informed of the death (of its client) to apply the suitable law. (Part No. 10; Page No. 67) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.