Is it obligatory for a wealthy woman who has no mahram (relative one may not marry) and wants to perform Hajj to get married, even if she is an old woman, in order to perform Hajj with a mahram?
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The questioner : He says: Is it obligatory for a wealthy wife who has no mahram (relative one may not marry) to take her on Hajj to get married, even if she is an old woman?
The Shaykh : This is an important question. He asks: Is it obligatory for a woman, if she has no mahram (relative one may not marry) and she is wealthy, to get married for the sake of having a mahram? The answer is no, it is not obligatory for her. This is because the principle among the scholars is that what is not completed without which an obligation is not fulfilled is not obligatory, and what is not completed without which an obligatory act is not fulfilled is obligatory. Do you understand this? Do you understand? What is not completed without which an obligation is not fulfilled is not obligatory, and what is not completed without which an obligatory act is not fulfilled is obligatory. So, is Hajj obligatory for this woman? No. But if she gets married and has a mahram, then Hajj becomes obligatory for her. Therefore, it is not obligatory for her to obtain a mahram. It is not obligatory for her to obtain a mahram. Just as we say it is not obligatory for a man to trade in order for zakah to become obligatory upon him, and it is not obligatory for him to trade in order for Hajj to become obligatory upon him. Here there is a difference between what is not completed without which an obligatory act is not fulfilled, and what is not completed without which an obligation is not fulfilled, which is not obligatory. Consequently, we say that it is not obligatory for this woman to seek marriage in order to have a mahram so that she can perform Hajj.
The Shaykh : This is an important question. He asks: Is it obligatory for a woman, if she has no mahram (relative one may not marry) and she is wealthy, to get married for the sake of having a mahram? The answer is no, it is not obligatory for her. This is because the principle among the scholars is that what is not completed without which an obligation is not fulfilled is not obligatory, and what is not completed without which an obligatory act is not fulfilled is obligatory. Do you understand this? Do you understand? What is not completed without which an obligation is not fulfilled is not obligatory, and what is not completed without which an obligatory act is not fulfilled is obligatory. So, is Hajj obligatory for this woman? No. But if she gets married and has a mahram, then Hajj becomes obligatory for her. Therefore, it is not obligatory for her to obtain a mahram. It is not obligatory for her to obtain a mahram. Just as we say it is not obligatory for a man to trade in order for zakah to become obligatory upon him, and it is not obligatory for him to trade in order for Hajj to become obligatory upon him. Here there is a difference between what is not completed without which an obligatory act is not fulfilled, and what is not completed without which an obligation is not fulfilled, which is not obligatory. Consequently, we say that it is not obligatory for this woman to seek marriage in order to have a mahram so that she can perform Hajj.
