𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (347)

Her husband died during Hajj Question: A woman’s husband passed away while she was performing Hajj. What should she do regarding her waiting period (’iddah), and how should she travel back to her country without a mahram? Sheikh Yahya hafidahullah: Observing ’iddah in a foreign land is not possible for her due to the hardship and burdens it entails—she may not find a mahram, nor suitable housing or rent. If she is able to return to her home country and complete her ’iddah there, then she should return and observe the full waiting period for the death of her husband in her homeland. However, if she is able to observe the ’iddah in the place where her husband passed away without significant hardship, then she should remain and complete her ’iddah there before travelling. But if the circumstances are too difficult—due to lack of a mahram, financial constraints, or otherwise—then she may return to her country. As for travelling without a mahram, it is not permissible. "It is not permissible for a woman who believes in Allāh and the last day to travel except with a mahram." If her husband was her only mahram and he passed away during the journey, and she has no other mahram, then this constitutes a case of necessity. Allāh says: "Fear Allāh as much as you are able," and "Allah does not burden a souls with more than it can bear." She should seek out the nearest trustworthy group in whom she perceives righteousness and safety from fitnah and harm, and travel with them. "Allāh does not burden a soul beyond its capacity." In such cases, she is not deliberately committing a sin, but rather she strives to do what is right. If she travels with righteous women or trustworthy men, then this is permissible in such a situation. The Shari'ah allowed a female to migrate alone when she could not find someone to accompany her, and there is no scholarly disagreement on this. Even the daughter of the Messenger of Allāh ﷺ migrated from Malkah to Madinah without a mahram. In such circumstances, she is not willingly choosing or pleased with travelling without a mahram, but she is compelled by necessity. And Allāh says: “But whoever is forced by necessity, neither desiring it nor transgressing, there is no sin upon him.”