Chapter 83
Bequests for Pious Purposes
In the execution of bequests to certain pious purposes, the duties ordained by the command of God precede those which are voluntary, and are then benevolent acts towards mankind.
If a person will that “the pilgrimage which was incumbent upon him be performed on his behalf after his death,” the heirs must depute a person for this purpose and pay all his expenses to Makkah.
But when all the purposes mentioned be of equal importance, the arrangement of the testator must be followed.
A legacy, appropriated to pilgrimage, if lost, must be repaired to the extent of a third of the estate.