[part 3]
30 January 2023 • 3.2K views
THE SECOND CASE:
A woman travelling SPECIFICALLY to perform the obligatory Ḥajj
This is the issue over which the scholars have differed into two views:
The first view:
She is allowed to travel without a Maḥram provided there is safety.
Safety may be by travelling with:
A. a group of women
B. a group of trustworthy men
C. a group comprising both men and women
This view was relayed from:
’Aṭā' ibn Abi Rabāḥ, Muḥammad ibn Sīrīn, Qatāadah, Zuhri, Al-Ḥakam ibn ’Utaibah, Mālik, Awzā’ee, Ash-Shāfi’ee, Dawūd Adh-Dhāhiree. In fact, Ibn Baṭṭāl ascribed this view to the majority (Jumhūr). This was also the view of ’Ā'ishah raḍhiyallāhu ’anhā and Ibn ’Umar from amongst the Ṣahābah.
The second view:
Absolute prohibition (except in exceptional circumstances -> ḍhūrūrah)
This view was relayed from:
Ibrāhīm An-Nakh’ee, Al-Ḥasan Al-Baṣrī, Ash-Sha’bī, Tawūs, ’Ikrimah, Abū Ḥanīfah, Sufyān Ath-Tahwrī, Aḥmad ibn Ḥanbal, Is-ḥāq ibn Rāhawayh, Abū Thawr, Ibn Al-Mudhir, etc. Al-Qāḍhi ’Iyāḍh ascribed this view to the majority of Jurists amongst Ahlul-ḥadīth. This was the view of Abū Sa’eed Al-Khudri raḍhiyallāhu ’anhu from the Ṣaḥābah.
▪️Most of the contemporary scholars favoured this view; such as Sheikh ’Uthaymīn, Sheikh Ibn Bāz, Sheikh Albāni, Sheikh Muqbil, Sheikh An-Najmī raḥmatullāh ’alayhim.
And according to the supporting evidences, this view appears to be stronger than the first ‼️