Do the expenses of Hajj paid by the deceased father and recovered by the heirs belong to them by right, or must they be kept for Hajj on his behalf?

If the father had previously performed Hajj al-Islam, the money is returned to the heirs and divided according to Islamic law. However, if he had not performed Hajj al-Islam, then there are two scenarios:

1. If he only became capable of performing Hajj at this time and died before performing it, the money is returned to the heirs and divided according to Islamic law. If they wish to use it to perform Hajj on his behalf, it is an act of righteousness for which they will be rewarded.

2. If he had the means to perform Hajj in previous years but failed to do so despite his ability, then Hajj must be performed on his behalf from his estate before its division. This is the fatwa (definition) held by many scholars. There is another opinion that Hajj should not be performed on his behalf from the estate, which is the choice of Sheikh Ibn Uthaymeen, who believes that whoever neglected Hajj despite being able to perform it will not have Hajj suffice for him after his death. However, the first opinion is the prevalent fatwa, and accordingly, money should be paid from the estate to perform Hajj on his behalf.