Ruling on Returning Surplus Money After Performing a Paid Ḥajj

Source: Fatāwā Arkān al-Islām

❖ The Question​

If a person performs Ḥajj on behalf of someone else for payment, and after covering the expenses of the Ḥajj there is some money left over, is it obligatory to return the remaining amount to the owner?

❖ The Answer​

Al-ḥamdu lillāh, wa-ṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿammā baʿd:


The ruling depends on the wording and intent of the one who gave the money:

① Case One: When the giver says: “Perform Ḥajj from this money” (min hādhihi al-naqdiyyah)​

• It is obligatory to return the leftover amount to the owner.
• This is because the giver specified that the Ḥajj should be done from that specific sum, so whatever remains belongs to him.
• The owner may then choose:
  
  • To take the remaining amount back, or
  • To gift it to the person who performed the Ḥajj.

② Case Two: When the giver says: “Perform Ḥajj with this” (bi-hādhā)​

• In this case, returning the leftover is not obligatory.
• However, if there is a possibility that the giver is unaware of the actual expenses and may have given more than necessary out of ignorance or misunderstanding:
  
  • The agent (person performing the Ḥajj) must be truthful and clarify the actual cost.
  • He should inform the giver:
    
    • “The expenses for the Ḥajj were only this much, and the amount you gave was more than that.”
  • After this explanation, if the giver says, “Keep the rest,” it becomes permissible to retain it.

❖ Conclusion​

• The ruling depends on the giver’s exact wording and intent.
• If he said “from this money”, the remainder must be returned.
• If he said “with this”, returning is not obligatory—but honesty and clarification are required if the giver is unaware of the true costs.

وَاللّٰهُ أَعْلَمُ بِالصَّوَاب