A wife, who did not perform Hajj, authorizing someone to perform Hajj on behalf of her late husband
14-3-2010 | IslamWeb
Question:
My husband passed away three years ago and I have three children who have not attained the age of puberty. I have not performed Hajj (major pilgrimage) yet. Is it permissible for me to pay someone from my own money, not the inheritance of my children, to go to the Sacred House to do Hajj on behalf of my late husband?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Him, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
May Allaah The Almighty reward you for your keenness to do good for your husband after his death. However, we would draw your attention to the fact that, if you can afford it, you should try your best to perform Hajj for yourself, once you have enough money and a Mahram (related man whom a woman does not have to cover from) to accompany you. If you are not financially able, though, Hajj will not be obligatory on you.
As for authorizing someone to do pilgrimage on behalf of your husband, if he died before performing the obligatory Hajj and left enough assets with which it can be done, then it would be obligatory to take from it only that amount [for that purpose]. This is the opinion of the majority of scholars. It was authentically narrated by Ibn ‘Abbaas 
that the Prophet, sallallaahu ‘alayhi wa sallam, said: "The debt one owes Allaah is more due to be settled."
However, if you donated its cost from your own money, it would be permissible and you would earn a reward. Moreover, even if your husband performed the mandatory Hajj or he was excepted from the obligation during his life due to a disability, it would still be permissible to authorize someone to perform Hajj on his behalf. In all cases, though, the individual appointed must have already performed Hajj once himself. Ibn ‘Abbaas related that the Prophet, sallallaahu ‘alayhi wa sallam, saw a man uttering Talbiyah (the Hajj chant) on behalf of his brother, or a relative, called Shubrumah, whilst he had not done Hajj himself. So, he, sallallaahu ‘alayhi wa sallam, told him: "Perform Hajj on behalf of yourself first, then Shubrumah." [Abu Daawood and Ibn Maajah, Saheeh –Al-Albaani]
The majority of scholars have held that the reward of Hajj does reach the deceased person – this is the preponderant opinion, supported by evidence.
Allaah Knows best.