Chapter on the Liability of the Executor for Altering What the Deceased Had Bequeathed

"His executor must fulfill it and ensure it is carried out as a Hajj, just as he had bequeathed. For Allah (swt), the Exalted, says: 'But whoever changes it after he has heard it, the sin is only upon those who change it.'" (Surah Al-Baqarah 2:181)

I asked Abu Abdullah (as) about a man who made a will to another man, instructing him to free a soul (a slave) for six hundred dirhams from his one-third share of the inheritance. However, the executor instead gave the six hundred dirhams to a man to perform Hajj on behalf of the deceased. Abu Abdullah (as) said: "I believe the executor must personally pay six hundred dirhams from his own wealth and fulfill what the deceased had willed by freeing a soul."

A man entrusted me with his estate and instructed me to perform Hajj on his behalf. When I examined the amount, I found it to be very little and insufficient for Hajj. I asked Abu Hanifa and the jurists of Kufa, and they said: 'Give it in charity on his behalf'. Later, when I met Abdullah ibn Al-Hasan during Tawaf, I asked him and said: 'A man from your followers in Kufa passed away and entrusted his estate to me, instructing me to perform Hajj on his behalf. However, when I examined the amount, it was not enough for Hajj. I consulted the jurists in my area, and they advised me to give it in charity on his behalf, so I did. What do you say?' He replied: Here is Imam Jafar ibn Muhammad Al-Sadiq (as) in the Hijr, go to him and ask him. So I entered the Hijr, and I saw Abu Abdullah (as) under the Mizab, facing the Kaaba, praying. Then Imam (as) turned, saw me, and asked: What is your need? I said: A man passed away and entrusted his estate to me to perform Hajj on his behalf, but I found it insufficient for Hajj. I asked the jurists in my area, and they advised me to give it in charity, so I did. Imam (as) said: What have you done (with the money)? I replied: I gave it in charity. Imam (as) said: You are liable - unless the amount was not enough for Hajj even from Mecca. If it was insufficient for Hajj from Mecca, then there is no liability on you. But if it was enough for Hajj from Mecca, then you are responsible.