Is it valid for a Muslim woman to perform Hajj with a disbeliever as her mahram, and is the mahram a condition for the obligation or a condition for the performance?

The questioner : May Allah bless you. As for Muslim women, if their mahram is a disbeliever, what is the ruling regarding the performance of Hajj?

The Shaykh : Yes.

The questioner : Praise be to Allah.

The Shaykh : In the case of Hajj, it is not possible, because a disbeliever cannot enter the Haram.

The questioner : So is this considered a valid legal excuse such that the obligation of Hajj does not fall off?

The Shaykh : Yes. And here is a question: Is the presence of a mahram a condition for the obligation or a condition for the performance? The correct view is that it is a condition for the obligation, and that a woman who does not find a mahram is like a woman who does not find money, with no difference. Some scholars have said that it is a condition for the performance, and that if she does not find a mahram, she is obligated to perform Hajj, so she appoints someone to perform Hajj on her behalf. Yes.