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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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An elderly man and woman have a female servant who wants to go on Hajj, and she has insisted on it with them, even though she does not have a mahram (a relative one may not marry)

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The questioner : He says: An elderly man and woman have a female servant who wants to go on Hajj, and she has insisted on it with them, even though she does not have a mahram (a relative one may not marry). They have booked her place on one of the groups in this country, and they ask: Is there any sin on them for that, given that she came to them without a mahram and it is difficult for her to come again with a mahram to perform the obligatory Hajj? Give us a ruling, may Allah reward you with good?

The Shaykh : I see that it is not permissible for the servant to go without a mahram, even if she is with women. Although some scholars say: if the woman is with women and she is safe, there is nothing wrong with her performing Hajj. But if we look at the authentic hadith, in which the Prophet (peace and blessings be upon him) gave a sermon and said:
No woman should travel except with a mahram (a relative one may not marry). So a man stood up and said: O Messenger of Allah, my wife has gone out for a need, and I have signed up for the expedition of such and such. He said: Go and perform Hajj with your wife.لا تسافر امرأة إلا مع ذي محرم، فقام رجل فقال : يا رسول الله، إن امرأتي خرجت حاجة وإني اكتتبت في غزوة كذا وكذا. فقال: انطلق فحج مع امرأتك
Sunan al-Bayhaqi 4:1440
Look, go and perform Hajj with your wife. He ordered him to leave the expedition and perform Hajj with his wife. The Messenger (may Allah’s peace and blessings be upon him) did not say: Are there women with her? Is she safe? Is she young? Is she old? Is she beautiful? Is she ugly? He did not ask for details. And among the rules of the scholars is: "Leaving out details in a situation of possibility is equivalent to generality in the statement". Therefore, I see that they should not allow her to go to Hajj. That is one point. Second: I see that they should reassure her and tell her: Hajj is not obligatory upon you, and you are excused from it. If you meet your Lord, you will meet Him without being deficient in any pillar of Islam. Wait until Allah the Exalted makes your matter easy with a mahram. As for the excuse that she came without a mahram, that is strange! To excuse a disease with a disease like it or worse. Her coming without a mahram does not justify her performing Hajj without a mahram, because her coming without a mahram was a mistake. How many atrocities and evils have occurred because a servant does not have a mahram in the house. We ask Allah for safety and well-being. Yes.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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