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)]
Shaikh Ibn ul-‘Uthaymeen (may Allah have mercy upon him) said: “The Prophet (ﷺ) said:
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 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]
So the man informed the Prophet (ﷺ) that he enlisted for a battle that has not come yet. The Prophet(ﷺ) said: “Go and join your wife in Hajj”.
The Prophet (ﷺ) did not ask him if she is with a safe group or not? He did not ask if she is an old woman or a young woman? If she is ugly or beautiful? Is she safe or in fear? All of these questions the Messenger (ﷺ) did not ask. If the ruling differed due to it, then the Prophet (ﷺ) would have asked so that the man would not miss the reward of the battle. And why did not clarify? He (ﷺ) was the most advising of the creation and the most knowledgeable of them. It is known (from this) that the command is general and that it is not permissible for a woman to travel for Hajj, or for Umrah, or for visitation, or for treatment, or for any reason except with a Mahram. Even if she is with a group of women and they have their Mahrams with them. For verily it is not allowed for her to travel except with a Mahram and this is what the Prophet (ﷺ) made absolute and it is upon us to take it absolutely and in general”
[Majmoo’ Fatawa wa Rasaail (21/181)]
Translated by
Faisal bin Abdul Qaadir bin Hassan
Abu Sulaymaan
