My wife has not performed Hajj. Is it obligatory for me to take her? Is her maintenance for Hajj obligatory upon me? And if it is not obligatory upon me, does it fall off her?
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The questioner : The questioner says, honorableThe Shaykh : I love you for the sake of Allah. My wife has not performed Hajj. Is it obligatory for me to take her? Is her maintenance for Hajj obligatory upon me? And if it is not obligatory upon me, does it fall off her?
The Shaykh : Yes.
The questioner : And if the husband prevents his wife from performing Hajj.
The Shaykh : Leave the second question for now. I say: May Allah love the one who loves me for His sake, and may He reward him with good, and may Allah make us and you among His close friends.
If the wife stipulated in the marriage contract that he should take her for Hajj, it is obligatory for him to fulfill this condition and take her, based on the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 2139Sahih (Al-Albani). And Allah the Exalted said: [Al-Ma'idah 5:1]. And He said: [Al-Isra 17:34]. However, if she did not stipulate this, it is not obligatory for him to take her. But I advise him to take her: First, to seek reward, because he will be written the same reward as is written for her, and she has fulfilled the obligation. Second, because that is a cause of affection between them. And anything that necessitates affection between the spouses is commanded.
And third, he will be praised and commended for this deed. So let him seek help from Allah, and let him take his wife for Hajj, whether she stipulated it or not. And if she did stipulate it, it is obligatory for him to fulfill it. Yes. The second question: And if he prevents.
The questioner : If the husband prevents his wife from performing Hajj, does he sin?
The Shaykh : Yes, he sins. If he prevents his wife from performing Hajj whose conditions are met, he is sinful. That is, if she says: "This is forbidden, and my brother is going to go perform Hajj. And I have the funds, and I do not want a single qirsh from you," and she has not fulfilled the obligation, he must give her permission. If he does not do so, she performs Hajj even if he does not give permission, unless she fears that he will divorce her. In that case, she is excused. Yes.
The Shaykh : Yes.
The questioner : And if the husband prevents his wife from performing Hajj.
The Shaykh : Leave the second question for now. I say: May Allah love the one who loves me for His sake, and may He reward him with good, and may Allah make us and you among His close friends.
If the wife stipulated in the marriage contract that he should take her for Hajj, it is obligatory for him to fulfill this condition and take her, based on the saying of the Prophet (peace and blessings be upon him):
The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you).
إن أحق الشروط أن توفوا به ما استحللتم به الفروجO you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولاًAnd third, he will be praised and commended for this deed. So let him seek help from Allah, and let him take his wife for Hajj, whether she stipulated it or not. And if she did stipulate it, it is obligatory for him to fulfill it. Yes. The second question: And if he prevents.
The questioner : If the husband prevents his wife from performing Hajj, does he sin?
The Shaykh : Yes, he sins. If he prevents his wife from performing Hajj whose conditions are met, he is sinful. That is, if she says: "This is forbidden, and my brother is going to go perform Hajj. And I have the funds, and I do not want a single qirsh from you," and she has not fulfilled the obligation, he must give her permission. If he does not do so, she performs Hajj even if he does not give permission, unless she fears that he will divorce her. In that case, she is excused. Yes.