If a wife enters the state of ihram for a voluntary pilgrimage, is her husband permitted to prevent her, and does the ruling change if she has already begun?
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The questioner : Shaykh, may Allah reward you. If a slave or a wife makes a vow, or if a slave vows to perform Hajj... which is not obligatory upon him, and he enters the state of ihram without his master's permission, and likewise if a wife enters the state of ihram without her husband's permission, but it is for a voluntary pilgrimage, then what is the ruling?
The Shaykh : If a slave enters the state of ihram without his master's permission, his master has the right to release him from it. And if a wife enters the state of ihram for a voluntary pilgrimage without her husband's permission, he has the right to release her from it.
The questioner : Legally... unknowingly, then she learns that it is not permissible, what is the ruling?
The Shaykh : And she is traveling?
The questioner : ... .
The Shaykh : In this case, she should continue out of necessity, because if she returns to her country now, she will be returning by travel and would be a traveler without a mahram. So we say that out of necessity, she should continue, just as if her mahram died on the way. If she is close to the city, she returns; if she is far away, she is given the choice between returning and continuing.
The questioner : Even after entering the state of ihram?
The Shaykh : And how?
The questioner : Meaning she entered the state of ihram...
The Shaykh : After entering the state of ihram, it is not possible for her to return. If she returns, then either we rule that she is in a state of restriction, in which case she misses the Hajj, or we say she remains because she has begun it, and thus she is obligated to complete it.
The Shaykh : If a slave enters the state of ihram without his master's permission, his master has the right to release him from it. And if a wife enters the state of ihram for a voluntary pilgrimage without her husband's permission, he has the right to release her from it.
The questioner : Legally... unknowingly, then she learns that it is not permissible, what is the ruling?
The Shaykh : And she is traveling?
The questioner : ... .
The Shaykh : In this case, she should continue out of necessity, because if she returns to her country now, she will be returning by travel and would be a traveler without a mahram. So we say that out of necessity, she should continue, just as if her mahram died on the way. If she is close to the city, she returns; if she is far away, she is given the choice between returning and continuing.
The questioner : Even after entering the state of ihram?
The Shaykh : And how?
The questioner : Meaning she entered the state of ihram...
The Shaykh : After entering the state of ihram, it is not possible for her to return. If she returns, then either we rule that she is in a state of restriction, in which case she misses the Hajj, or we say she remains because she has begun it, and thus she is obligated to complete it.