Woman Who Does Not Have a "Male Relative" is Not Obliged to Perform Hajj
Question#40


A woman well-known for her piety, in her middle ages or close to being elderly, wants to make the Hajj of Islam. However, she does not have a mahram. From the same country there is a man who is well-known for his piety who wants to make Hajj and he is traveling with women whom he is related to. Is it proper for that woman to make Hajj with this man and the women he is traveling with, being among the women with the man watching over them? Does she have to perform the Hajj or is this requirement dropped from her since she does not have a mahram, even though she is financially capable? Give us a response, may Allah reward you.


The woman who does not have a mahram is not obligated to perform the Hajj. This is because a mahram, with respect to her, is part of the necessary aspects of having the means to perform the Hajj. Having the means is one of the conditions for the obligatory nature of Hajj. Allah says:

{And Hajj to the House is a duty that mankind owes to Allah, those who can afford the expenses}, [Surah Al-'Imran, Ayah 97].

It is not allowed for her to travel for Hajj or otherwise without her husband or a mahram. This is based on what al-Bukhari recorded that the Prophet (peace be upon him) said:

((It is not allowed for a woman to travel a day and night's distance except with a mahram)), [al-Bukhari and Muslim], also recorded from Ibn 'Abbas that he heard the Prophet (peace be upon him) say:

((A man cannot be alone with a woman unless in the presence of a mahram of hers. And a woman does not travel except along with a mahram)).

A man said: "O Messenger of Allah (peace be upon him) my wife has left to make the Hajj and I have enlisted for such and such expedition." He said:

((Go and make Hajj with your wife)).

This is the opinion of al-Hasan, al-Nakha'i, Ahmad, Ishaq, Ibn al-Mundhir and the scholars of juristic reasoning (as-haab ar-ra'i). It is the correct opinion because it is in agreement with the generality of the Hadith of the Prophet that prohibits women from traveling without a husband or mahram. Malik, al-Shafi'i and al-Awza'i have a differing opinion. They all state conditions for which they have no evidence. Ibn al-Mundhir stated: "They all abandon the clear, obvious meaning of the Hadith and lay down conditions for which they have no evidence. And with Allah lies all the success, and may Allah send prayers and salutations upon our Prophet Muhammad (peace be upon him) and his family and his companions.

--
The Permanent Committee for Islamic Research and Fatawa
Fatawa al-Mar'ah

Made Hajj While Pregnant
Question#41


A woman performed the Hajj while she was pregnant. When she returned from the Hajj, her (unborn) child died. So, will she and her child be rewarded for that Hajj?


Only the woman will be rewarded for the Hajj. As for her child, then there is no Hajj for him. And with Allah lies all the success, and may Allah send prayers and salutations upon our Prophet Muhammad (peace be upon him) and his family and his companions.

--
The Permanent Committee for Islamic Research and Fatawa, comprising -
Head: Shaykh 'Abdul-'Aziz ibn 'Abdullah ibn Baz;
Deputy Head: Shaykh 'Abdur-Razzaq 'Afifi;
Member: Shaykh' Abdullah ibn Ghudayyaan;
Member: Shaykh 'Abdullah ibn Qu'ud
Fatawa al-Lajnah ad-Daimah lil-Buhooth al-'Ilmiyyah wal-Iftaa. - Volume 11, Page 16, Fatwa No.2177

Made Hajj Without Husband's Permission
Question#42


What is the ruling regarding a wife who leaves to perform the obligatory (first) Hajj without her husband's permission?


The obligatory Hajj is (only) obligatory if (all) its conditions are satisfied and (seeking) the permission of the husband is not from amongst them. It is not permissible for him to prevent her, rather, it is legislated for him to assist her in performing this obligation. And with Allah lies all success and may Allah send prayers and salutations upon our Prophet (peace be upon him) and his family and his companions.

--
The Permanent Committee for Islamic Research and Fatawa, comprising -
Head: Shaykh 'Abdul-'Aziz ibn 'Abdullah ibn Baz;
Deputy Head: Shaykh 'Abdur-Razzaq 'Afifi;
Member: Shaykh' Abdullah ibn Ghudayyaan;
Member: Shaykh 'Abdullah ibn Qu'ud
Fatawa al-Lajnah ad-Daimah lil-Buhooth al-'Ilmiyyah wal-Iftaa. - Volume 11, Page 20, Fatwa No. 5866

Women Enter the Ihram in Any Clothing They Wish
Question#43


Is it allowed for a woman to enter the state of ihram in any clothing she wishes?


Yes, she may enter the ihram in whatever clothing she wishes. She does not have any specific type of clothing that she must wear for ihram as many of the general public think. But it is best for her to enter the ihram in clothing which is not beautiful and will not attract the one who sees it. This is because she is going to be mixing with men, so her clothing must not be such that it tempts the looker. It should not be beautiful but should be customary and not a temptation.

--
Shaykh Ibn Baz
Fatawa al-Mar'ah

Ruling Regarding the Ihram of The Woman who Puts on Socks & Gs
Question#44


What is the ruling regarding the ihram of the woman who puts on socks and gs? Is it permissible for her to take off what she had put on in the state of ihram?


It is preferable that she puts on socks or footwear. It is better for her as well as mere covering. It will be sufficient if she is dressed in ample clothing. There is no objection if she puts on socks and then takes them off, like a man who puts on shoes then takes them off when he wishes, no harm would befall him. But it is not permissible for her to assume ihram in two gs, because a woman is prohibited from wearing gs in ihram. She is also forbidden to put a veil on her face or any other thing similar to a veil, because the Messenger of Allah (peace be upon him) has forbidden this. But a woman should let down her veil on her face in the presence of non-relatives (non-mahram). She must do this in tawaf and sa'i also. 'Aishah said: ((The riders had been passing by us while we were with the Messenger of Allah (peace be upon him). When they were opposite to us or parallel to us, we (the women) would let our veils down on our faces and heads, and when they passed away, we unveiled our faces)), [Narrated by Abu Dawud and Ibn Majah]. It is permissible for a man to put on slippers or shoes even if they are not cut, according to the right opinion. On the other hand, most of the scholars are of the opinion that he should cut them. The right opinion is that there is no obligation to cut them if he cannot manage sandals. The Prophet (peace be upon him) addressed the people of 'Arafah and said: ((He who could not manage the Izar (an un-sewn piece of cloth), should wear trousers, and he who could not manage sandals should put on slippers)), [Reported by al-Bukhari and Muslim]. The Prophet (peace be upon him) did not order for them to be cut. So, it indicated the cancellation of the order of cutting. And Allah is the granter of success.

Shaykh Ibn Baz
Fatawa Muhimmah tata'allaq bil-Hajj wal-'Umrah - Page 18, Fatwa No.6

Looking at Women During the Hajj
Question#45


What is the ruling regarding looking at women during the Hajj?


Looking at women for whom you are not a mahram is prohibited during the Hajj and other than it; However, its (level of) prohibition is greater during the Hajj.

--
Shaykh 'Abdul-'Aziz Al ash-Shaykh
ad-Durar an-Nadhirah fil-Fatawa al-Mu'asirah - Page 451
Fatawa al-Lajnah ad-Daimah lil-Buhuth al-'Ilmiyyah wal-Ifta. - Volume 11, Page 112, Question 2 of Fatwa No.9892

Taking Pills to Prevent Menses During Hajj or 'Umrah
Question#46


Is it permissible for a woman to take (pills/medication) to prevent (the arrival of) her menses so she can perform the rites of the hajj or 'umrah with ease?


I do not see any harm in (a woman) taking this medical treatment, with the condition that the doctor (in his/her professional opinion) does not see any harm for the woman in taking these pills. So, the (basic) principle in these things is permissibility, and (so long as) there is no falling into sin in this act.

--
Shaykh al-Albani
Fatawa Muhimmah li-Nisa. al-Ummah - Page 53

Ruling Concerning the Hajj of a Menstruating Woman
Question#47


What is the ruling concerning a woman who had her menses during the days of her Hajj? Is the Hajj she performed valid?


If a woman gets her menses during the days of Hajj, she performs all of the deeds of the Hajj except for the tawaf of the Ka'bah and the going between the hills of as-Safa and al-Marwah. She does not do those acts until she becomes pure. When she becomes pure, she makes ghusl, and performs the circumambulation and the circuits. If the menses come and the only rite she has not performed is the tawaf al-wada', then she goes home without performing it as it is no longer required of her [due to her state] and her Hajj is correct. The basis for this is what is recorded by at-Tirmidhi and Abu Dawud from 'Abdullah ibn 'Abbas that the Messenger of Allah (peace be upon him) said:

((The woman with post-partum bleeding and the menstruating women, when they come to the miqat [the place to enter the state of ihram] are to make ghusl, enter the state of ihram and perform all of the rites of the Hajj save for the circumambulation of the House [Ka'bah])).

In the Sahih, it is recorded from 'Aishah that she had her menses before completing the rites of the 'Umrah and the Prophet (peace be upon him) told her to enter the state of ihram for Hajj and to not tawaf the House (Ka'bah) until she was pure. He told her to do all of the rites of the Hajj and to combine it with the 'Umrah. Al-Bukhari recorded from 'Aishah that Safiyyah, the wife of the Prophet (peace be upon him), received her menses and mentioned that to the Messenger of Allah (peace be upon him). He said:

((Is she going to hold us up?)), they said, "She has already made the tawaf al-ifadhah." He said:

((In that case, she is not [going to hold us up])).

In another narration, 'Aishah said, "Safiyyah had the menses after she finished the tawaf al-ifadhah. I mentioned her menses to the Messenger of Allah (peace be upon him) and he said:

((Is she going to hold us up?)), I said, 'O Messenger of Allah, she has already performed the tawaf al-ifadhah of the mosque.' So the Prophet (peace be upon him) said:

((Then let us go)).

And with Allah lies all success and may Allah send prayers and salutations upon our Prophet (peace be upon him) and his family and his companions.

--
The Permanent Committee for Islamic Research and Fatawa
Fatawa al-Mar'ah



Woman Who Entered the Ihram While She Was Menstruating
Question#48


A woman asks: She was excused, that is menstruating, and her family wanted to go to make 'Umrah and if she lagged behind, there would be no one to stay with her Therefore, she went with them to the 'Umrah and performed all of the rites of the 'Umrah, including the tawaf and the sa'i, as if she was not menstruating. She did this out of ignorance and out of shyness, not wanting to tell her guardian. You should know that she is illiterate and does not know how to read or write. What must she do?


If she made the ihram for 'Umrah, then she must repeat the tawaf after making ghusl and repeat the act of cutting some of the hair. As for her making the rounds between as-Safa and al-Marwah, they are proper according to the strongest opinion among the scholars. If she repeats them after the tawaf, that would be better and safer. She must repent to Allah for her tawaf and prayer of two rak'ah's while she was menstruating. If she is married, her husband cannot have sexual intercourse with her until she completes her 'Umrah. If he has already had sexual intercourse with her, then her 'Umrah has been nullified and she must sacrifice a year old woolen sheep or a two year old goat in Mecca to be distributed to the poor. She must also complete her 'Umrah as was mentioned previously. She must perform a new 'Umrah from the same miqat that she entered the ihram from previously, in replacement of her spoiled 'Umrah. But if she simply performed the 'Umrah with them out of courtesy and bashfulness and she did not [actually and intentionally] enter the state of ihram from the miqat, then the only thing upon her is to repent to Allah. This is because Hajj and 'Umrah are not valid without entering the state of ihram. And the ihram is the intention for Hajj or 'Umrah or both. We ask Allah for guidance and safety for all of us from the whisperings of Satan.

--
Shaykh Ibn Baz
Fatawa al-Mar'ah

Waiting Until She Becomes Pure
Question#49


There is no doubt that the tawaf known as al-ifadhah is one of the pillars and essential acts of the Hajj. If the menstruating women did not perform it due to lack of time and the time was not such that she could wait for her menses to end, what is the ruling concerning that?


It is obligatory upon her and her guardian to wait until she becomes pure and then to perform the tawaf al-ifadhah. This is based on the Prophet's (peace be upon him) statement when he was told that Safiyyah had received her menses:

((Is she going to hold us up?)).

When he was told that she had performed the tawaf al-ifadhah, he said:

((Then let's go)).

If she is not able to wait but she has the ability to return to Mecca to perform the tawaf, then she may travel and return after she becomes pure to perform the tawaf. If she does not have the ability to return or she fears that she would not be able to return, like those who live in far away places from Mecca, like the people of the West, Indonesia and so forth, then, according to the correct opinion, she may protect [her blood from dripping on to the floor] and perform the tawaf with the intention of Hajj. This is considered permissible by a number of scholars, including Shaykh al-Islam Ibn Taymiyyah and his student ibn al-Qayyim as well as other scholars.

--
Shaykh Ibn Baz
Fatawa al-Mar'ah

Woman on Her Menses Wishes to Sit in the Mas'a (Safa & Marwah Area)
Question#50


Is it permissible for a woman on her menses to sit in the mas'a?


Yes, it is permissible for the woman on her menses to sit in the mas'a, because the mas'a is not considered (part of) al-Masjid al-Haram. In that case, if the woman's menses started after the tawaf and before the sa'i, then she (is permitted) to do the sa'i because the sa'i is not the tawaf. Also, (to be in the state of) purity is not a condition. So, based upon this, we say that if the woman on her menses was to sit in the mas'a waiting for her husband (family), then there is no harm in her doing this.

Shaykh Ibn 'Uthaymin
Fatawa al-Hajj wal-'Umrah waz-Ziyarah - Page 69

Women Crowding Amongst the Men at Safa & Marwah
Question#51


From that which is known is that as-Safa is small (narrow) and al-Marwah is smaller (narrower). However, we see (some) women ascending upon as-Safa and al-Marwah and crowd amongst the men. Is this from the Sunnah for the women to ascend upon as-Safa?


That which is known according to the Fuqaha. is that it is not recommended for the women to ascend upon as-Safa and al-Marwah. Instead, they should stand at the foot of each mount, then move on to complete the remaining circuits. However, it maybe that these women who were seen ascending as-Safa and al-Marwah are with their mahrams. It is not recommended for them to split up from their mahrams because of the fear they may lose (each other), otherwise, that which is better is for the woman not to gather amongst the men in an(y) issue that does not require it.

--
Shaykh Ibn 'Uthaymin
Dalil al-Akhta'a yaqa'a fiha al-Haj wal-Mu'tamir wat-tahdthir minha - Page 56

Women Jogging Between The Two Green Lights During Sa'i
Question#52


Regarding the jogging between the two green (lights) in the Sa'i, with respect to women, in my limited readings through the books of fiqh in the chapters pertaining to hajj and 'umrah, I have not found anything which prevents the women from the jogging. I once heard one of the scholars on television say that the woman does not jog in the Sa'i, rather it is specific to the men only. This is because it is more protective for the woman such that she does not reveal (mafatinaha) that which causes fitnah while she is jogging. However, he did not mention any evidence for his statement. So I said to myself, if my opinion is correct from his ijtihad, then the jogging is also a Sunnah which Hajar started, however, and all praise is due to Allah (alone), I understand the (Shaykh's) opinion, and all praise is due to Allah (alone), that the religion is not based upon (unqualified) opinions, as the Amir al-Mu'minin 'Ali said. Please advice us, and may Allah bless you, since I take my family for 'umrah from time to time and we need to know that which is correct/authentic regarding this issue?


Ibn al-Munthir said:

((The people of knowledge are in agreement that there is no jogging for the women around the House (Ka'bah), and nor (in the Sa'i) between (the green lights of) as-Safa and al-Marwah, and nor are they to place the rida. (top part of the ihram) under their right armpits; This is because the principle behind the two is to show stamina and hardiness, and that is not meant for the women, because what is meant for the women is to cover themselves, and since the jogging involves placing the rida. (top part of the ihram) under their right armpits then this leads to displaying and revealing.)) And with Allah lies all success and may Allah send prayers and salutations upon our Prophet (peace be upon him) and his family and his companions.

--
The Permanent Committee for Islamic Research and Fatawa, comprising -
Head: Shaykh 'Abdul-'Aziz ibn 'Abdullah ibn Baz;
Deputy Head: Shaykh 'Abdur-Razzaq 'Afifi;
Member: Shaykh' Abdullah ibn Ghudayyan;
Member: Shaykh 'Abdullah ibn Qu'ud
Fatawa al-Lajnah ad-Daimah lil-Buhuth al-'Ilmiyyah wal-Ifta., - Volume 11, Page 226, Question 5 of Fatwa No.8820

Mother Performed Hajj With Other Than Her Mahram
Question#53


My mother performed the Hajj with other than her mahram while she was over 60 years of age. Is her Hajj correct or should I (re-) perform the Hajj on her behalf, knowing that she has now died - may Allah have Mercy upon her?


If a woman performed the Hajj with other than her mahram, then she is disobedient (to her Lord) and has committed a sin (by doing so). This is because the Prophet (peace be upon him) forbade the woman to travel without a mahram for Hajj or other than Hajj. As for the mother's Hajj itself, then it is correct, insh'Allah. However, it is with sin and we hope Allah forgives her (for this).

--
Shaykh Ibn Fowzan
al-Muntaqa min Fatawa Ibn Fowzan - Volume 3, Page 168, Fatwa No.253

Sending a Maid for Hajj With a Group of Women or a Hajj Package Group
Question#54


Is it permissible for me to send my maid for the obligatory Hajj with a group of women traveling with a Hajj package group (company specializing in transporting the Hajj pilgrims)?


It is impermissible for a woman to travel for the Hajj or other than the Hajj except with a mahram, whether she is a maid or not, for that which the Prophet said (peace be upon him) has said:

((It is not permissible for a woman who believes in Allah and the Last Day to travel the distance of two days, except with a mahram)), [al-Bukhari, volume 2, pages 35-36].

And a group of women does not constitute a mahram and, likewise, nor does the Hajj package group and this does not remove her from that which is forbidden in the mentioned ahadith.

--
Shaykh Ibn Fowzan
al-Muntaqa min Fatawa Ibn Fowzan - Volume 3, Page 168, Fatwa No.252




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