Conditions for the obligation of Hajj for a woman
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Fatwa number ( 16009 )
Q: I inform you that I am a woman aged 65 years, and I performed the Hajj of Islam with my group after a period had passed since my menstruation stopped. Since I have no mahram (relative one may not marry) other than a small son, I intended to perform Hajj with my group and their women. I paid for my travel and festival expenses, and I stoned the pillars on the first and second days and the day of departure, with one of my quarter (group) acting on my behalf. I performed Hajj again with my maternal uncle’s son, who is my closest relative, along with his mother and other women. He was the one who stoned the pillars on my behalf for all the pebbles on the first, second, and third days. Is there a sin on me for the absence of a mahram, knowing that I was with women in both the first and second instances? Is my Hajj valid? And is there a fidyah (ransom payment) on me for the day when one of my group stoned on my behalf on the second day of the first Hajj, and for what my maternal uncle’s son stoned on my behalf in my second Hajj? Please give us a ruling, may Allah reward you, may Allah preserve you, amen.
A: First: It is well known that one of the conditions for the obligation of Hajj for a woman is the presence of a mahram accompanying her. Therefore, if a woman does not find a mahram for her, the direct performance of Hajj is dropped from her until she finds a mahram. If she does so by performing Hajj with someone other than a mahram, her Hajj is valid, and she must repent from her travel without a mahram; because her travel without a mahram is a disobedience and contains sin; due to the saying of the Prophet (peace and blessings be upon him):Musannaf Ibn Abi Shaybah 9:2565 It is agreed upon as authentic.
Second: As for the delegation in stoning the pillars, it is obligatory for the pilgrim to stone the pillars himself when he is able to do so. If one is unable, such as being ill, an elderly woman, or bedridden, then she delegates someone to stone the pillars on her behalf. Third: Based on this, if you were unable to stone at the time of delegation, then the delegation is valid and nothing is required of you. However, if you were able to stone in the first and second Hajj, it is obligatory for you to pay a fidyah (ransom payment) that is slaughtered in Makkah , which is sufficient as an udhiyah (the 'Id sacrifice) and distributed to the poor of the Haram (the sacred precinct). This is for the delegation in stoning in the first Hajj while you were able to do it. If you are unable to pay the fidyah, then you fast for ten days. And so it is regarding the delegation in stoning with the ability to do so or the lack thereof in the second Hajj. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: I inform you that I am a woman aged 65 years, and I performed the Hajj of Islam with my group after a period had passed since my menstruation stopped. Since I have no mahram (relative one may not marry) other than a small son, I intended to perform Hajj with my group and their women. I paid for my travel and festival expenses, and I stoned the pillars on the first and second days and the day of departure, with one of my quarter (group) acting on my behalf. I performed Hajj again with my maternal uncle’s son, who is my closest relative, along with his mother and other women. He was the one who stoned the pillars on my behalf for all the pebbles on the first, second, and third days. Is there a sin on me for the absence of a mahram, knowing that I was with women in both the first and second instances? Is my Hajj valid? And is there a fidyah (ransom payment) on me for the day when one of my group stoned on my behalf on the second day of the first Hajj, and for what my maternal uncle’s son stoned on my behalf in my second Hajj? Please give us a ruling, may Allah reward you, may Allah preserve you, amen.
A: First: It is well known that one of the conditions for the obligation of Hajj for a woman is the presence of a mahram accompanying her. Therefore, if a woman does not find a mahram for her, the direct performance of Hajj is dropped from her until she finds a mahram. If she does so by performing Hajj with someone other than a mahram, her Hajj is valid, and she must repent from her travel without a mahram; because her travel without a mahram is a disobedience and contains sin; due to the saying of the Prophet (peace and blessings be upon him):
A woman should not travel except with a mahram
لا تسافر امرأة إلا مع ذي محرمSecond: As for the delegation in stoning the pillars, it is obligatory for the pilgrim to stone the pillars himself when he is able to do so. If one is unable, such as being ill, an elderly woman, or bedridden, then she delegates someone to stone the pillars on her behalf. Third: Based on this, if you were unable to stone at the time of delegation, then the delegation is valid and nothing is required of you. However, if you were able to stone in the first and second Hajj, it is obligatory for you to pay a fidyah (ransom payment) that is slaughtered in Makkah , which is sufficient as an udhiyah (the 'Id sacrifice) and distributed to the poor of the Haram (the sacred precinct). This is for the delegation in stoning in the first Hajj while you were able to do it. If you are unable to pay the fidyah, then you fast for ten days. And so it is regarding the delegation in stoning with the ability to do so or the lack thereof in the second Hajj. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.