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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a domestic worker traveling without a mahram when there is a condition in the contract

Machine translationRead the Arabic original
The questioner : A questioner says: You mentioned in the Friday sermon before last that whoever sends a domestic worker without a mahram is sinful. So what do we say if the owner of the domestic worker made a promise in the contract between him and the owner of the agency that brought the domestic worker that he would take her for Hajj?

The Shaykh : Yes, we say that the domestic worker is a female, a woman, and the Prophet (peace and blessings be upon him) said:
No woman is to travel except with a mahramلَا تُسَافِرُ امْرَأَةٌ إلَّا مَعَ ذِي مَحْرَمٍ
Musannaf Ibn Abi Shaybah 9:2565

It is not possible for him to say she is not a woman. If he says she is a woman, we ask: what excludes her from the generality? Bring the evidence, or else prepare to answer before Allah on the Day of Resurrection. If he says he made a promise upon himself that she would perform Hajj, the answer is to say: Yes, this promise must be fulfilled, but according to the rules, according to what the Shari'ah dictates, not in violation of the Shari'ah.
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.كل شرط ليس في كتاب الله فهو باطل وإن كان مائة شرط
Sunan Ibn Majah 2521Sahih (Darussalam)
So we say: this condition is obligatory for you to adhere to, and that is by taking her for Hajj when her mahram is present. It is possible to issue a visa for her mahram so that he can come for Hajj or for any work you wish, and then he performs Hajj with her. If that is not possible, then you guarantee her the value of the Hajj, because it is a condition upon you. If it is said that this woman’s Hajj costs, for example, two thousand, then you must give her two thousand. Yes.
Source جلسات الحج 1409هـ - 5 — binothaimeen.net (57:02)

The Arabic text is a machine transcription of the audio recording.

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