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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A servant was brought in with his sister as her mahram, but the servant could not find work except at a distance from his sister that constitutes a journey. Is that permissible?

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The questioner : A mahram was brought in for the sake of his servant sister, so that he would come with his sister from abroad to Saudi Arabia as her mahram. He could not find work for himself except in a place far from the village, at a distance considered a journey, far from the village where his sister works. Is it permissible to allow this on the grounds of dire necessity?

The Shaykh : Allowing that for the month she remains alone.

The questioner : She remains alone.

The Shaykh : She remains alone.

The questioner : And he travels.

The Shaykh : With the one being served, meaning?

The questioner : With the one being served.

The Shaykh : Yes, if the issue is not related to this specific scenario, where he traveled with her only to make her journey lawful, then left her with her master and she remained alone, it has no connection to the journey. She might be a resident woman with her relatives, her father, mother, brother, or family, and then serve in another house in the same country. This is the same issue as there. So there is no need to assume he traveled with her just to be her mahram. In that case, we say: What is the ruling on bringing a servant to a house, where she is a woman, possibly of age and mature, possibly beautiful, and so on? We say: if fitnah (trial, discord or temptation) is averted, it is permissible; otherwise, it is not. This is the answer, whether in this scenario or without that premise. The important thing is her use in this house, where there is no mahram. If fitnah is averted, it is permissible; otherwise, it is not.

Another questioner : Meaning, if fitnah is averted, for example, the husband does not come until two o'clock, and this servant...

The Shaykh : No need for details, may Allah reward you, because a person might come with another scenario that invalidates the first one. Scenarios repeat. The important thing is to take the rule and the criterion and apply it. You are now coming with the scenario of the husband. Is it possible for fitnah to occur with his presence, when he is not there? We will tell you: yes, this is permissible. But another scenario might repeat that differs from the first one to some extent, and no scholar or mufti (a scholar who issues fatwas) can enumerate the permissible or impermissible scenarios, because these are social matters that differ in the slightest scenario.

The questioner : How is fitnah averted, O Shaykh?

The Shaykh : It does not become seclusion, for example, and there is no undressing. How is it averted? These are known matters: that she is in her hijab (the covering prescribed for women), that she does not seclude herself with her master. These are known matters.

Another questioner : The evidence indicates that a mahram is obligatory in travel, not in residence.

The Shaykh : And so it is.

Another questioner : Yes.

The Shaykh : I distinguished between this and that because the conclusion of the question is realized in the case of residence, of course.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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