Women's issues of Hajj

 

Can a woman go for Hajj without a Mahram relative
 

The Holy Prophet (Sallallahu alaihi wa sallam) has asked women to travel honorably along with a Mahram relative only.  There is a Hadith in Sahih Bukhari:

 

Translation:  It is narrated on the authority of Hadhrat ‘Abdullah bin Umar (May Allah be well pleased with them) that the Holy Prophet (Sallallahu alaihi wa sallam) said: NO women should undertake a journey of 3 days except with a Mahram relative. (Sahih Bukhari, Vol. 1, Pg No. 147)

 

Women, whether young or old, a Mahram is a condition for Hajj to be Compulsory (Wajib).  In the same way, is compulsory for the woman to bear the expenses of travel of the Mahram.  If there is no Mahram, then as per the Shariah, there is no Hajj binding on that woman.  Thus, no lady can go for Hajj along with non-Mahram relatives and she cannot go along with a group of women also.  Mahram relative is the lady's husband or any other relative with whom because of relations of marriage, relations of nursing (Radha’at) or a relative-in-law, marriage is forever prohibited and the Mahram should be a major, sane and pious.  He should not be of bad character.

 

As mentioned in Fatawa A’alamgiri, Vol. 1, Pg No. 218/219.

 

Translation: It is among the conditions of Hajj that Mahram should be present, whether the lady is young or old, when the journey to Makkah is of 3 days (or greater).  Mahram is the husband or that relative with whom marriage is forever forbidden.  This can be because of marriage or nursing or as an in-law relative.  This is also necessary that the Mahram should be of sound character, sane, major (i.e. of full legal age).  Regardless of whether the Mahram is a free man or a slave, all the expenses of the Mahram are to borne by the lady.

 

Going for Hajj with son-in-law

 

Among the conditions for Hajj, it is mentioned that there should be a Mahram relative along with the woman.  As is mentioned in Durre Mukhtaar, Vol. 2, Pg No. 157, under conditions for Hajj:

 

Translation: In Hajj, it is a condition that along with the woman, her husband or some other Mahram should be there. Radd Ul Muhtaar, Vol. 2. Pg No. 157:

 

Mahram is that relative with whom, for reasons of proximity, suckling (Radha’at) or by way of being in-laws (Musaharat), marriage i.e. Nikah is forever not permissible.  As the marriage of a mother-in-law with a son-in-law is never permissible, so the son-in-law is Mahram for the mother-in-law.  Even so, in light of the situation of the time, the jurists have said that a young woman should avoid traveling along with in-laws and with those who are related to her by way of suckling.  On the other hand, if the woman is of a great age, then there is no undesirability in traveling along with the son-in-law for Hajj.  As mentioned in Radd Ul Muhtaar, Vol 2, Pg No. 158:

 

Translation: In light of the corruption of our times, a woman should not travel along with a man who is her brother through a suckling relationship.  This is supported by the ruling that being alone with a non-Mahram is Undesirable (Makruh).  In the same way as it is Undesirable for son-in-law to remain alone with a young mother-in-law.  So in the matter of Mahram, a young mother-in-law should be considered an exception.

 

Can a woman in Iddah go for Hajj

 

Almighty Allah says about women who are in their mandatory waiting period (Iddah):

 

Divorced women shall wait concerning themselves for three monthly periods. Surah Baqarah (2:228)

 

If any of you die and leave widows behind; they shall wait concerning themselves four months and ten days. Surah Baqarah (2:234)

 

Based on these verses, the Jurists have described in the conditions of Hajj for women that the lady should not be in Iddah, neither Iddah of widowhood or Iddah of divorce.  Accordingly, she cannot go on Hajj during Iddah.

 

As mentioned in Fatawa A’alamgiri, Vol 1, Pg No. 219, Kitaab Ul Manasik, Al Bab Ul Awwal

 

It is also given in Bada’i Us Sana’I, Kitaab Ut Talaaq, Vol. 3, Pg No. 326.

 

Translation: In the same way, it is not allowed for a woman who is in Iddah of Revocable Divorce to undertake a journey; neither along with the husband, nor along with any other Mahram.  Till her Iddah ends or the husband reconciles with her.

 

Wearing rings and using kohl in Hajj

 

After wearing the Ihraam, some things are prohibited for the the person wearing the Ihraam (Muhrim) and some things are still allowed.  It is permissible and allowed for a Muhrim to wear a ring or use kohl. 

 

Imam Ibn A’abideen Shami Naqshbandi (May Allah  shower His Mercy on him) has classified them as the permissibles (Mubah) in his Radd Ul Muhtaar, Vol. 2, Pg. No: 178. 

 

Thus, it is permitted for a woman to wear ring and use kohl. 

 

What to do if menses start in Hajj

 

If a woman starts menstruating during Hajj, she can complete all the articles of Hajj, but she should not enter Masjid Haraam and should not perform the circumambulation of the Ka’aba (Tawaaf), as given in Sahih Bukhari, Vol. 1, Pg No. 232:

 

Translation: It is narrated on the authority of Hadhrat ‘Aisha (May Allah be well pleased with her), she says: I came to Makkah while I was in my periods.  Neither did I circumambulate the Ka’aba, nor walk between Safa and Marwah (i.e. Sa’ee).  Hadhrat ‘Aisha Siddiqua (May Allah be well pleased with her) says: I entreated the Holy Prophet (Sallallahu alaihi wa sallam) and He said: Do what the Hajis do, but do not circumambulate the Ka’aba until you are free of bleeding.

 

Accordingly, the menstruating woman should not enter Masjid Haraam and should not circumambulate the Ka’aba.  Apart from this, she can go to ‘Arafat, Muzdalifa, can perform stoning (Rami Jamaar) and can do everything else.

 

If the menses end anywhere between 10, 11, or 12th of Dhul Hijjah, then she may perform the Tawaaf Ziyarah before the dusk of 12th.  If the menses end after the dusk of 12th, then as soon as the menstrual bleeding ends, she should take a bath and perform the Tawaaf Ziyarah.  In case of delay, sacrifice of an animal (Dam) becomes Compulsory (Wajib).

 

What to do if menses start in Sa’ee

 

The rules of ritual purity (Taharah) are not the same for circumambulation and the walk between Safa and Marwah (Sa’ee).  To be free of periods and postpartum blood is Commendable (Mustahab) for Sa’ee, whereas it is Compulsory (Wajib) for the circumambulation.  But it is compulsory for Sa’ee that it should be performed after a circumambulation which was performed in a state of complete ritual purity, i.e. a circumambulation which was performed while the woman was free of periods and/or postpartum blood.

 

So, if a woman completes her circumambulation in a state of complete ritual purity, then starts the Sa’ee and her periods start during the Sa’ee, then, as complete ritual purity is not compulsory for Sa’ee but is only Commendable, she should complete her Sa’ee.  There is no problem in this, from the view point of the Shariah.  After completing the Sa’ee at Marwah, she should leave the place without entering the Masjid Haraam.  She cannot enter Masjid Haraam in such a state. As mentioned in Manaasik Hajj by Hadhrat Mulla ‘Ali Qari.