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

Al-Hasan bin Mahbub narrated from Muhammad bin Marid who said: I asked Abu Abdullah عليه السلام 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 عليه السلام 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."

Muhammad bin Abi Umayr narrated from Zayd Al-Narsi, from Ali bin Mazid, the companion of Al-Sabari, who said: 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 عليه السلام in the Hijr, go to him and ask him. So I entered the Hijr, and I saw Abu Abdullah عليه السلام under the Mizab, facing the Kaaba, praying. Then Imam عليه السلام 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 عليه السلام said: What have you done (with the money)? I replied: I gave it in charity. Imam عليه السلام 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.