The woman's mahram
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Fatwa number ( 1173 )
Q: A woman from Saba is well known for her righteousness. She is in the middle of her life or closer to old age, and she wants to perform the Hajj of Islam, but she has no mahram. There are prominent people in the country who want to perform Hajj, well known for their righteousness, and they have women relatives who are their mahrams. Is it valid for this woman to perform Hajj with this righteous man and his women, staying with the women while the man watches over her? Or is Hajj dropped from her because her mahram is not with her, even though she is financially able? Please give us a ruling, may Allah bless you, because we have disagreed with some of our brothers.
A: A woman who has no mahram is not obligated to perform Hajj; because the mahram is a means for her, and the ability to travel is a condition for the obligation of Hajj. Allah the Exalted said:[Ali 'Imran 3:97] , and it is not permissible for her to travel for Hajj or anything else unless she is accompanied by her husband or a mahram; based on what was narrated by al-Bukhari and Muslim , from Ibn Abbas (may Allah be pleased with them both) that he heard the Prophet (peace and blessings be upon him) say: Bulugh al-Maram 718 , and this is the opinion of al-Hasan and al-Nakha'i and Ahmad and Ishaq and Ibn al-Mundhir, and the scholars of opinion (Ahl al-Ra'y), and it is the correct position; due to the mentioned verse, along with the general hadiths prohibiting a woman from traveling without a husband or mahram. Those who differed on this were Malik and al-Shafi'i and al-Awza'i , and each of them stipulated a condition for which he has no proof. Ibn al-Mundhir said: They left the apparent meaning of the hadith, and each of them stipulated a condition for which he has no proof. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: A woman from Saba is well known for her righteousness. She is in the middle of her life or closer to old age, and she wants to perform the Hajj of Islam, but she has no mahram. There are prominent people in the country who want to perform Hajj, well known for their righteousness, and they have women relatives who are their mahrams. Is it valid for this woman to perform Hajj with this righteous man and his women, staying with the women while the man watches over her? Or is Hajj dropped from her because her mahram is not with her, even though she is financially able? Please give us a ruling, may Allah bless you, because we have disagreed with some of our brothers.
A: A woman who has no mahram is not obligated to perform Hajj; because the mahram is a means for her, and the ability to travel is a condition for the obligation of Hajj. Allah the Exalted said:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلاA man must never be alone with a woman unless there is a Mahram with her. A woman also may not travel with anyone except with a Mahram (relative).” A man stood up and asked, ‘O Messenger of Allah! My wife has gone for Hajj while I am enlisted for such and such a battle, what should I do?’ The Messenger of Allah (ﷺ) replied, “Go and join your wife in Hajj.
لا يخلون رجل بامرأة إلا ومعها ذو محرم، ولا تسافر امرأة إلا مع ذي محرم، فقام رجل فقال: يا رسول الله إن امرأتي خرجت حاجة، وإني اكتتبت في غزوة كذا وكذا، قال: انطلق فحج مع امرأتك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.