[Part 2]
30 January 2023 • 3.0K views
Here are some referenced quotes from those who transmitted the aforementioned concensus:
1⃣. Al-Baghawi raḥimahullāh said:
“They did not differ concerning impermissibility of women travelling without a husband or a Maḥram for purposes other than the obligatory Ḥajj, and apart from (exceptional circumstances such as) a kafir woman embracing Islam in a non-Muslim land (I.e. She is allowed to migrate to a Muslim land without a mahram) or a female prisoner who escapes her captives. Others added: or a woman who becomes detached from her travelling companions and is found by a trustworthy man; in which case he is allowed to accompany her until he brings her back to her group.”
[This was transmitted and endorsed by Ibn Ḥajar in Fat-ḥ Al-Bārī (4/90)]
2⃣. Al-Qāḍhi ’Iyāḍh raḥimahullāh said:
“They did not differ concerning the fact that she is not allowed to travel without a Maḥram for purposes other than the obligatory Ḥajj.”
[Ikmāl Al-Mu'allim Sharḥ Muslim (4/446)]
▪️This transmission of Al-Qāḍhi ’Iyāḍh was also relayed and endorsed by:
A. An-Nawawi [Sharḥ Muslim (9/112)],
B. ’Alā' Ad-deen ibnul ’Aṭṭār [Al-'Uddah fī Sharḥ Al-’Umdah (2/959)]
C. Ibnul Mulaqqin [Al-I’lām bi fawā'id ’Umdat Al-Aḥkām (6/82)]
3⃣. Al-Qurṭubi raḥimahullāh said:
“They did not differ concerning the fact that she is not allowed to travel for a non-obligatory purpose except with a Maḥram or her husband.”
[Al-Mufhim 3/450]
4⃣. Ibn Ḥajar raḥimahullāh said:
“This (ḥadīth) was used to establish the impermissibility of women travelling without a Maḥram; which is a matter of concensus - except in the case of (obligatory) Hajj and ’Umrah.”
[Fat-ḥ Al-Bārī (2/662)]
5⃣. ’Abdurraḥmān Ibn Qāsim raḥimahullāh said:
“They unanimously agreed concerning the impermissibility of a woman travelling without a Maḥram for purposes other than (obligatory) Ḥajj and ’Umrah, migrating from the lands of disbelief, and any other exceptional circumstances (ḍhurūrah); like the case of a man who finds a non-maḥram woman isolated somewhere in the open and so on, in which case he is allowed to accompany her; rather it is obligatory upon him to do so -without any differing- if he fears for her due to leaving her behind, based on the report of ’Ā'ishah (raḍhiyallāhu ’anhā) concerning the incident of Al-Ifk.”
[Ḥāshiyat Ar-Rawḍh Al-Murbi’ (3/524)]