بســـم اللــه الرحــمــن الـرحـــيــم
▪️Ruling on Women Travelling to Hajj or Umrah Without a Mahram▪️
Shaikh Muhammad bin Hizaam (may Allah preserve him) wrote:
“A group of the People of Knowledge took the opinion that a Mahram is a condition for the obligation of making Hajj and this enters into the expenses which Allah mentions: “those who can afford the expenses” [3:97]. It is the opinion of Ahmad, Ishaaq, ath-Thawri, ash-Shafi’ee in one statement, Ibn al-Mundhir, the Companions of Opinion, and from the Tabi’een: al-Hasan, an-Nakha’ee.
They used as evidence the Hadith in this chapter: on the authority of Ibn ‘Abbas (may Allah be pleased with him) who said: that I heard the Messenger of Allah (ﷺ) deliver a sermon saying:
لَا يَخْلُوَنَّ رَجُلٌ بِاِمْرَأَةٍ إِلَّا وَمَعَهَا ذُو مَحْرَمٍ, وَلَا تُسَافِرُ اَلْمَرْأَةُ إِلَّا مَعَ ذِي مَحْرَمٍ ” فَقَامَ رَجُلٌ, فَقَالَ: يَا رَسُولَ اَللَّهِ, إِنَّ اِمْرَأَتِي خَرَجَتْ حَاجَّةً, وَإِنِّي اِكْتُتِبْتُ فِي غَزْوَةِ كَذَا وَكَذَا, قَالَ: ” اِنْطَلِقْ, فَحُجَّ مَعَ اِمْرَأَتِكَ
“A man must never be alone with a woman unless there is a Mahram with her. A woman also may not travel with anyone except with a Mahram (relative).” A man stood up and asked, ‘O Messenger of Allah! My wife has gone for Hajj while I am enlisted for such and such a battle, what should I do?’ The Messenger of Allah (ﷺ) replied, “Go and join your wife in Hajj” [Muslim]
And the Hadith of Abu Hurairah and Ibn Umar (may Allah be pleased with them) in the Two Saheehayn:
وَلَا تُسَافِرُ اَلْمَرْأَةُ إِلَّا مَعَ ذِي مَحْرَمٍ
A woman also may not travel with anyone except with a Mahram
And it comes in other than the Two Saheehs.
It has come from Ahmad in a narration that a Mahram is a condition for the necessity of Sa’iy and not for the obligation for Hajj. And it comes in another narration that the Mahram is not a condition for the obligation of Hajj.
Ibn Sireen, Malik, ash-Shafi’ee, and al-Awzaai took the view that a Mahram is not a condition in any situation.
Ibn Sireen (may Allah have mercy upon him) said: ‘She can go out with a man from the Muslims’. Malik said: ‘She can go out with a group of women’. ash-Shafi’ee said: ‘She can go out with a free, Muslimah, who is reliable’. al-Awzaai said: ‘She can go out with a trustworthy group’.
They used as evidence that the Prophet (ﷺ) explained ability to mean provisions and a ride. They also used the Hadith of ‘Adi bin Haatim (may Allah be pleased with him) in Saheeh al-Bukhari (no. 3595):
فَإِنْ طَالَتْ بِكَ حَيَاةٌ لَتَرَيَنَّ الظَّعِينَةَ تَرْتَحِلُ مِنَ الْحِيرَةِ، حَتَّى تَطُوفَ بِالْكَعْبَةِ، لاَ تَخَافُ أَحَدًا إِلاَّ اللَّهَ
If you should live for a long time, you will certainly see that a lady in a Howdah traveling from Al-Hira will (safely reach Mecca and) perform the Tawaf of the Ka`ba, fearing none but Allah’
They said: ‘It is an obligatory trip and the Prophet (ﷺ) did not stipulate a Mahram for it, like a Muslimah if she escapes from the hands of the disbelievers’. This is the statement of Ibn Hazm.
Abu Abdillah [the author] (may Allah grant him Tawfeeq) says: the first opinion is the correct one due to the evidence that preceded. Ibn ul-Mundhir said: ‘They (those who said otherwise) have left off the opinion which is based on the apparent Hadith and each of them (i.e. these Scholars) stipulated a condition which has no proof for it’.
[The first opinion] is the chosen opinion of the Permanent Committee, Shaikh Bin Baz (may Allah have mercy upon him), likewise Shaikh Ibn ul-‘Uthaymeen, and Shaikh Muqbil al-Wadi’ee (may Allah have mercy upon them).
As for that which they [those who say a woman can travel for Hajj without a Mahram] have of evidences, then the first of them is weak and the second of them is not clear. It [the Hadith of ‘Adi bin Hatim] only proves the occurrence of a travel not its permissibility”
[Fathul-‘Allaam Fi Dirasati Ahaadith Bulugh al-Maram (2/782-783)]
Abu Sulaymaan Faisal ibn Abdul Qaadir ibn Hassan
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