If a woman has no mahram and has not performed the obligatory Hajj, and there are women who wish to perform Hajj, should she perform Hajj with them if they are very committed and trustworthy, or is Hajj dropped from her?
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The questioner : If a woman has no mahram and has not performed the obligatory Hajj, and there are women who wish to perform Hajj, should she perform Hajj with them, even though they are very committed and trustworthy, or is Hajj dropped from her in such a case? I ask the honorable Shaykh for a rewarded answer.
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, his Companions, and those who follow them in excellence until the Day of Judgment. Hajj is not obligatory upon this woman who did not find a mahram, due to the saying of Allah, Blessed and Exalted is He:[Ali 'Imran 3:97] This woman, even if she is able in a physical sense, is not able in a legal sense. This is because it is not permissible for a woman to travel except with a mahram, due to the saying of Ibn 'Abbas (may Allah be pleased with him): "I heard the Messenger of Allah (peace and blessings be upon him) delivering a sermon, saying: Musannaf Ibn Abi Shaybah 9:2565 A man stood up and said: "O Messenger of Allah! My wife has gone out for Hajj, and I have been enrolled in the expedition of such and such." The Prophet (peace and blessings be upon him and his family) said: Bulugh al-Maram 718 The Prophet (peace and blessings be upon him and his family) did not inquire in this situation whether the woman was with committed women, whether she was safe or not, or whether she was young or old. When he did not inquire, but rather ordered this man to leave the expedition and go to perform Hajj with his wife, that indicates generality, and that it is not permissible for a woman to travel for Hajj or for anything else except with a mahram, even if she is safe regarding herself and is with women. In this state, she is not legally able. If she dies and meets Allah, Mighty and Majestic, she will not be held accountable for this Hajj because she is excused.
However, some scholars have said: The mahram is a condition for the obligation of Hajj. Based on this, she is not required to appoint someone to perform Hajj on her behalf if she is able with her money, because when the condition for obligation is absent, the obligation is dropped.
And some scholars have said: The mahram is a condition for the obligation of performing it personally, meaning the obligation of her performing Hajj herself. Based on this, if she has money, she is required to appoint someone to perform Hajj on her behalf. And if she dies, it is obligatory to pay for the Hajj from her estate.
In any case, we say to this questioner: Be at ease.
The questioner : Praise be to Allah.
The Shaykh : So you are not sinful now if you do not perform Hajj. In fact, if you perform Hajj, you are sinful. And if you die, there is nothing in your debt because you are not legally able.
Many people are eager for Hajj and love Hajj, so they commit some of the forbidden things in order to achieve their desire, will, and love. This is not correct. Rather, the correct and true thing is to follow what the Shari'ah has brought in these matters and others. If Allah, the Exalted, has not obligated Hajj upon you, then you should not oblige yourself with what is not obligatory upon you.
An example of this is that some people have a debt in their debt to someone, for the price of a sale, the value of a damaged item, a lease, or otherwise. You find them going to Hajj while their debt is occupied by this debt, even though Hajj is not obligatory upon them in this state. Rather, they are in the position of the poor person upon whom zakah is not obligatory. So likewise, this person who has a debt is not obligated to perform Hajj, and he is not sinful for leaving it, nor is he deserving of punishment if he meets Allah, Mighty and Majestic, because he is excused. Paying off the debt is obligatory, and Hajj with a debt is not obligatory. A person of intellect does not do what is not obligatory and leave what is obligatory.
Therefore, my advice to my brothers who have debts and have not performed Hajj before is that they should leave Hajj until Allah, Mighty and Majestic, enriches them and they pay off their debts, and then they perform Hajj. Yes, if the debt is deferred and the person has abundant money such that he guarantees for himself that whenever an installment of this debt comes due, he will pay it off, then if he has money in his hand when the time for Hajj arrives, he performs Hajj with it, and there is no harm in that.
The questioner : May Allah bless you, Shaykh Muhammad. Shaykh Muhammad, in truth, when we talk about the travel of women, many people make excuses because of the short duration. For example, from Riyadh to Ta'if is one hour, and also this plane has many women and many men in it, so they say it is safe from fitnah. What is your comment on that?
The Shaykh : The comment on that is that the intention is not safety or lack of safety, as evidenced by the fact that the Prophet (peace and blessings be upon him and his family) did not inquire in the hadith we mentioned earlier.
The questioner : Yes.
The Shaykh : And if the criterion were safety, the Prophet (peace and blessings be upon him and his family) would have inquired about this.
The questioner : Very well.
The Shaykh : Then, safety is not guaranteed in air travel. First, because the plane may take off at the scheduled time, or it may be delayed for technical or weather reasons, so the woman remains in the airport wandering and lost, because her mahram has returned to his home based on the fact that she entered the hall or was allowed to board the plane, and then the plane was delayed. And if it is decreed that this prohibited thing is removed and the plane takes off heading to its landing place, it is not guaranteed that it will land in the place where landing was decided.
The questioner : Very well.
The Shaykh : Because it is possible that the weather changes so that it cannot land in the designated place, and then the plane goes to another place to land there. At that time, this woman remains wandering and lost, or she clings to someone whose fitnah is not safe.
And if we assume that she arrived at the airport where her landing was decided, her mahram who is to receive her may be hindered from reaching the airport, either by traffic in cars, or a breakdown in his car, or sleep, or otherwise, so he does not arrive at the time of the plane's landing, and this woman remains wandering and lost. And if Hajj is not obligatory upon one who does not have a mahram, then the matter, praise be to Allah, is broad and there is no tightness in it.
The questioner : Praise be to Allah.
The Shaykh : And it is not befitting for a woman to tire herself psychologically for this, because in this state she is not obligated with it. If the poor person who has no money does not have zakah upon him and his heart is at ease with the fact that he does not give zakah, so likewise this woman who does not have a mahram should have her heart at ease with not performing Hajj.
The questioner : May Allah bless you, honorable Shaykh. From Algeria, Abu Basam says: Honorable Shaykh.
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, his Companions, and those who follow them in excellence until the Day of Judgment. Hajj is not obligatory upon this woman who did not find a mahram, due to the saying of Allah, Blessed and Exalted is He:
And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًاA woman should not travel except with a mahram
لا تسافر امرأة إلا مع ذي محرمGo and join your wife in Hajj
انطلق فحج مع امرأتكHowever, some scholars have said: The mahram is a condition for the obligation of Hajj. Based on this, she is not required to appoint someone to perform Hajj on her behalf if she is able with her money, because when the condition for obligation is absent, the obligation is dropped.
And some scholars have said: The mahram is a condition for the obligation of performing it personally, meaning the obligation of her performing Hajj herself. Based on this, if she has money, she is required to appoint someone to perform Hajj on her behalf. And if she dies, it is obligatory to pay for the Hajj from her estate.
In any case, we say to this questioner: Be at ease.
The questioner : Praise be to Allah.
The Shaykh : So you are not sinful now if you do not perform Hajj. In fact, if you perform Hajj, you are sinful. And if you die, there is nothing in your debt because you are not legally able.
Many people are eager for Hajj and love Hajj, so they commit some of the forbidden things in order to achieve their desire, will, and love. This is not correct. Rather, the correct and true thing is to follow what the Shari'ah has brought in these matters and others. If Allah, the Exalted, has not obligated Hajj upon you, then you should not oblige yourself with what is not obligatory upon you.
An example of this is that some people have a debt in their debt to someone, for the price of a sale, the value of a damaged item, a lease, or otherwise. You find them going to Hajj while their debt is occupied by this debt, even though Hajj is not obligatory upon them in this state. Rather, they are in the position of the poor person upon whom zakah is not obligatory. So likewise, this person who has a debt is not obligated to perform Hajj, and he is not sinful for leaving it, nor is he deserving of punishment if he meets Allah, Mighty and Majestic, because he is excused. Paying off the debt is obligatory, and Hajj with a debt is not obligatory. A person of intellect does not do what is not obligatory and leave what is obligatory.
Therefore, my advice to my brothers who have debts and have not performed Hajj before is that they should leave Hajj until Allah, Mighty and Majestic, enriches them and they pay off their debts, and then they perform Hajj. Yes, if the debt is deferred and the person has abundant money such that he guarantees for himself that whenever an installment of this debt comes due, he will pay it off, then if he has money in his hand when the time for Hajj arrives, he performs Hajj with it, and there is no harm in that.
The questioner : May Allah bless you, Shaykh Muhammad. Shaykh Muhammad, in truth, when we talk about the travel of women, many people make excuses because of the short duration. For example, from Riyadh to Ta'if is one hour, and also this plane has many women and many men in it, so they say it is safe from fitnah. What is your comment on that?
The Shaykh : The comment on that is that the intention is not safety or lack of safety, as evidenced by the fact that the Prophet (peace and blessings be upon him and his family) did not inquire in the hadith we mentioned earlier.
The questioner : Yes.
The Shaykh : And if the criterion were safety, the Prophet (peace and blessings be upon him and his family) would have inquired about this.
The questioner : Very well.
The Shaykh : Then, safety is not guaranteed in air travel. First, because the plane may take off at the scheduled time, or it may be delayed for technical or weather reasons, so the woman remains in the airport wandering and lost, because her mahram has returned to his home based on the fact that she entered the hall or was allowed to board the plane, and then the plane was delayed. And if it is decreed that this prohibited thing is removed and the plane takes off heading to its landing place, it is not guaranteed that it will land in the place where landing was decided.
The questioner : Very well.
The Shaykh : Because it is possible that the weather changes so that it cannot land in the designated place, and then the plane goes to another place to land there. At that time, this woman remains wandering and lost, or she clings to someone whose fitnah is not safe.
And if we assume that she arrived at the airport where her landing was decided, her mahram who is to receive her may be hindered from reaching the airport, either by traffic in cars, or a breakdown in his car, or sleep, or otherwise, so he does not arrive at the time of the plane's landing, and this woman remains wandering and lost. And if Hajj is not obligatory upon one who does not have a mahram, then the matter, praise be to Allah, is broad and there is no tightness in it.
The questioner : Praise be to Allah.
The Shaykh : And it is not befitting for a woman to tire herself psychologically for this, because in this state she is not obligated with it. If the poor person who has no money does not have zakah upon him and his heart is at ease with the fact that he does not give zakah, so likewise this woman who does not have a mahram should have her heart at ease with not performing Hajj.
The questioner : May Allah bless you, honorable Shaykh. From Algeria, Abu Basam says: Honorable Shaykh.