My mother is in Morocco and I am working in Saudi Arabia, and I want to send for her so that she can come to perform the obligatory Hajj.
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The questioner : My mother is in Morocco and I am working in Saudi Arabia, and I want to send for her so that she can come to perform the obligatory Hajj. She does not have a mahram (a relative one may not marry) with her because my father has passed away, and my brothers and maternal uncles do not have the ability to go to perform the obligatory Hajj. Is it permissible for her to come alone and perform Hajj alone? Please inform us, may Allah reward you.
The Shaykh : It is not permissible for her to come to Hajj alone, due to the saying of the Prophet (peace and blessings be upon him):Musannaf Ibn Abi Shaybah 9:2565 The Prophet (peace and blessings be upon him) said this while addressing the people, 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. So the Prophet (peace and blessings be upon him) said: Bulugh al-Maram 718.
And if a woman does not have a mahram (a relative one may not marry), then Hajj is not obligatory upon her. Either the obligation has fallen off her due to her inability to reach the House, and the inability here is a legal incapacity, or it is not obligatory for her to perform it in the sense that if she dies, Hajj is performed on her behalf from her estate. In any case, I say to this questioner: do not be distressed for the woman because of her inability to perform Hajj due to the absence of a mahram (a relative one may not marry), for that does not harm her and does not bring upon her any sin if she dies without having performed Hajj, because she is excused by the Shari'ah and is not able to perform it by the Shari'ah. And Allah the Exalted said:[Ali 'Imran 3:97].
The Shaykh : It is not permissible for her to come to Hajj alone, due to the saying of the Prophet (peace and blessings be upon him):
A woman should not travel except with a mahram
لا تسافر امرأة إلا مع ذي محرمGo and join your wife in Hajj
انطلق فحج مع امرأتكAnd if a woman does not have a mahram (a relative one may not marry), then Hajj is not obligatory upon her. Either the obligation has fallen off her due to her inability to reach the House, and the inability here is a legal incapacity, or it is not obligatory for her to perform it in the sense that if she dies, Hajj is performed on her behalf from her estate. In any case, I say to this questioner: do not be distressed for the woman because of her inability to perform Hajj due to the absence of a mahram (a relative one may not marry), for that does not harm her and does not bring upon her any sin if she dies without having performed Hajj, because she is excused by the Shari'ah and is not able to perform it by the Shari'ah. And Allah the Exalted said: