Hajj
Q: Regarding the sequence and status of the Hajj rituals to be offered on the sacrificial day of 10th Zul Hijjah. Is is permissible to make Halq (shaving the hair) before Zabah (sacrifice) ?
A: A Mutamatti and Qaarin carries out four rituals on this day, viz. Rami (pelting the shaytaan), Damm ul Shukr (sacrifice), Halaq (shaving the hair) and Tawaaf ul Ziyaarah . Damm ul Shukr is not Waajib on a Munfarid bi, Hajj, but mustahab.
The Ulama have categorically stated that it is Waajib to observe sequence between the first three. i.e Rami, Damm ul Shukr and Halaq. However, observing sequence between these three and Tawaf ul Ziyaarah is sunnah. In other words, whilst maintaining the order of sequence between these three by first offering Rami then Damm ul Shukr and thereafter Halaq it will be permissible to perform the Tawaaf ul Ziyaarah before the Rami or Dumm ul Shukr or Halq. Although changing this latter sequence between the first three and Tawaaf ul Ziyaarah is permissible it will be Makrooh (with no penalty) to do so without any valid reason. Therefore, one should at all times endeavour to adhere to the proper sequence of Hajj. Failure in observing sequence to any of these three (for a Mutamatti and Qaarin) shall necessitate a penalty of one Damm.
If a Mutamatti or Qaarin makes Halaq before Damm ul Shukr then two animals (sheep) have to be sacrificed ; one as Damm ul Shukr for his Tamattu / Qiraan and the other as a penalty for changing the sequence. There is no Damm upon a mufrid who offers Damm ul Shukr after Halq or before Rami, as Damm ul Shukr is not Waajib upon him. However, a Mufrid should observe the Waajib sequence between Rami and Halaq.

 

Q: Can a woman accompany her sister and brother in-law on Umrah or Haj ?
A: The obligation of Hajj does not apply to a woman who has no Mahram or husband to accompany her for her Hajj. Rasoolullah r has clearly mentioned that a female should not travel a distance of 3 days (i.e. Shar’ distance) without her Mahram or her husband. (Bukhari - Muslim). He also said. "A woman should not make Hajj except in the company of her Mahram. (Bazzar). Therefore it will not permissible for her to travel without her Mahram - whether she is travelling alone, in the company of only women or in the company of another woman who has her own Mahram; in this case her sister and brother in-law. In fact the Ulama have mentioned that there is a possibility of greater evil in the latter case. Rasoolullah r said: "Shaytan is a third party to a man and woman in seclusion". It is Makruh Tah’rimi for any woman to travel in this manner, as she is guilty of flagrantly contravening the Ahadeeth of Rasulullah saw.gif (854 bytes).
It is for this reason the Fuqahaa have stated that she should make a Wasiyyah (bequest) that if at the time of her demise, she has not performed her (fardh) Hajj then Haj ul Badal should be made on her behalf from within one-third of her estate.
There is no sin upon a woman who finds herself in such a situation for not performing her Hajj. Yes , it will be a sin to perform Hajj without a Mahram or in the company of a non-Mahram. One of the primary objects of performing Hajj is to free oneself from sin, then of what benefit is such a Hajj that is based on sin.

 

Q. The Prophet sallallahu alaihi wasallam is reported to have replied to a man who complained about highway robbery, "If you live long enough you will see that a woman will travel from Hira (Iraq) and will perform tawāf around the Kaabah, and she will have no fear except that of Allāh." In view of the foregoing hadīth, can a lady perform Hajj without a mahram?

A. No, it is not permissible for a female to perform Hajj without a Mahram.

One of the basic conditions for the incumbency of Hajj upon a female is that she has a Mahram in the company of whom she may undertake the journey towards Makkah for the performance of her Hajj obligation. In the event of her not being able to fund a Mahram the obligation of Hajj does not become binding upon her. Hence a prerequisite in the case of a female is for her to have a Mahram and it is only upon accomplishment of this condition that a female is regarded as one who now has the means to perform Hajj. Possessing the means does not only imply to have sufficient funds for the duration of the journey in fulfilment of her physical needs, but even more important is the preservation of her spiritual needs with reference to honouring her personal self esteem, integrity and chastity and for her not to become a source of fitna with regards to others for which the Sharī’ah has made conditional a Mahram to travel alongside her. The prestige and dignity of a female is heralded as supreme in Sharī’ah whereby it is categorically stated by Rasulullah sallallahu alaihi wasallam: "A female is an object of concealment."

Similarly, it is firmly established that Rasulullah sallallahu alaihi wasallam has said. "It is not permissible for any woman believing in Allāh Ta’āla and the Last Day that she travels a single day’s journey (in accordance to the travelling of those days which was approximately 16 miles) except that she is accompanied by a Mahram." Bukhari; Muslim

Therefore, it is most vivid and evident that a woman is not permitted under any circumstances to travel without a Mahram.

As far as the hadīth which you had cited pertaining to a woman travelling from Hira to Makkah without experiencing any fear except that of Allāh Ta’āla and performing Tawāf of the Kaabah (Bukhari vol. 1 pg. 508) is concerned, this hadīth has no relevance in this matter as it does not deal with, nor does it discuss in any way any legal aspect with regard to the promulgation of laws. No where in this hadīth is it mentioned that a woman can travel on her own without a Mahram.

All that has been alluded to in this hadīth is that such a time of peace and serenity will dawn upon this Ummah that such an incident will also be witnessed in the history of man. This is from amongst the many predictions and prophecies which Rasulullah sallallahu alaihi wasallam has made and informed the Ummah about concerning certain happenings which are to occur in time to come. These predictions indeed establish the nubuwwat of Rasulullah sallallahu alaihi wasallam that it is not from his own side but upon divine inspiration that he was able to guide the Ummah and inform them on certain issues related to them. It is explicitly for this reason that Imām Bukhari R.A. has recorded this hadīth under the chapter of Alāmāte Nubuwwat (Signs of Prophethood) and not under the chapter discussing the validity of travelling with a Mahram or not.

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