Wasim Kempson – Fiqh of Hajj Episode 12

			Bismillah Alhamdulillah wa salatu salam ala Rasulillah earlier he was so happy woman Wallah. Bad
Dear viewers, a Salam alaykum Warahmatullahi Wabarakatuh and welcome back to a new episode, an
episode dedicated to our sisters, our woman folk and their issues and what complications might occur
with strictly our sisters insha Allah Tala joined with us in our studios, our honorable chef chef
Wassim welcome chef once again may Allah bless you just I mean, Sokoloff, Aidan and chef.
		

			issues related to women. Can a woman and can a sister go to Hajj without the husband's permission
Bismillah Alhamdulillah wa salatu salam ala Rasulillah praise belongs to Allah. I made peace and
blessings of Allah be upon His final messenger Muhammad sallallahu alayhi wa sallam,
		

			and Hamlet hamdulillah from the beginning, I may say that the performing of hajj for the man and the
woman essentially is exactly the same, there is no difference for the Hajj of a man and a hedge of a
woman.
		

			And all the rulings that we have given are applicable to both men and women. However, there are
certain situations or certain rulings which are specific to women only because a man doesn't face
that.
		

			Some of those issues like monthly cycle, some of those issues like traveling long, long distances
and so on and so forth.
		

			And we do find that the Prophet sallallahu alayhi wa sallam would dedicate certain times to allow
the women to ask their questions. And as Muslims in the modern day now, we should always ensure that
all Muslims have a platform to ask their questions. The message should be open for everybody for
brothers and sisters to have access to people of knowledge so they can educate themselves in their
Deen. Now, as you mentioned, this particular episode will go through a number of questions which are
particular to the sisters, which inshallah to Allah will will shed some light will attempt to shed
some light on these important issues for him. Now,
		

			the first question you mentioned whether the woman has to have the permission of her husband to
perform the hajj. Now, this kind of links to another question whether she should or can she travel
without a Mahara. But what I would say before we get into that is that if the husband
		

			does not want to make the Hajj with her, I either she has the financial means and the time and the
health to go and perform Hajj and maybe she can travel with her father, or her brother or another
Muharram
		

			then it is not for the husband to prevent.
		

			It is not for the husband to prevent her from making Hajj.
		

			If she has the financial means she has the ability to do so all the conditions are fulfilled. And
that you know, one of our male relatives can travel with her. It is not for the husband to say to
her, You are not allowed to go he should not he's not allowed to say that to her, but rather,
performing the hajj is something great. And Allah Subhan has facilitated that for her. So he has no
right to say that you cannot and should not go to perform the hajj.
		

			What is the ruling on a sister female to go out to Hajj without the permission of her husband.
		

			Now if the issue has been raised
		

			to her husband, ie that she has fulfilled the conditions
		

			and that she has a male guardian to go with her. And he has said no. Many of them on this issue have
said that she can go because it is not allowed for a man to prevent a woman fulfilling one of the
obligations of Al Islam and Hajj is an obligation if the conditions are fulfilled. And nowhere in
the conditions does it say that you need your husband's permission.
		

			If she has, you should discuss it with the husband. Of course, if the relationship between the
husband and wife is good, then obviously it is good to feel for them to communicate. If for example,
one day the husband wakes up okay from sleep and he finds out his wife has just gone. She has not
said anything to him that maybe there's problems between the spouses, and that's an issue that needs
to be resolved. Okay. But from the original position, as I mentioned, that it's not allowed for the
husband to prevent her if she fulfills the conditions.
		

			But if she does things and own thing and the husband is doing his own thing doesn't tell her
anything, then there's probably some some issues between the spouses and I would recommend for them
to go to a qualified person to maybe get some counseling to get some advice so that they can
reconcile the issue which is
		

			the issue of spending on the hedge
		

			Um, should the man be responsible on spending for the his wife's package? For example, His wife's
journey or is it upon the woman to do it okay. So there are them I have mentioned on this issue that
it is not an obligation for the husband to pay or to pay for the Hajj of his wife, rather than
obligation, or the responsibility of gathering what is needed to make Hajj is actually upon the
individual. Okay, no doubt the husband is responsible financially for his home, to make sure that
they have a place to live clothing and food and things like this is obviously an obligation for him
to spend on his family. But it's not an obligation for him to spend and have the amount to, for his
		

			wife to to make the Hajj, if he does it from himself, then 100 is a great reward in that.
		

			And this is something that many, many couples that they do, they work together so they can perform
this beautiful journey of Hajj together. But from Charlotte a position, that is not an obligation
for him to pay the Hajj for his wife.
		

			And I know we've mentioned this particular issue in the past episodes, but since we're dedicating a
whole episode just for our sisters, what is it that can she do if she has or she's in her monthly
cycle or monthly period? What are the things that she can wear the things that she cannot? Yeah.
Okay. So as we mentioned previously, that this happened to the wives on the sort of loss of asylum
and performing Hajj law, Sharia law, and
		

			that the Prophet Allison said that you you could enter the State of Iran, and you perform your
heart, you do everything else that they judge that they do, except that you don't perform top of it,
they do everything else. So let's say they are going into the state of your haram from the airport,
and then they arrive in Mecca, obviously, they're not going to make it off.
		

			Then what they do is they go straight to Mina, on the eighth of the hijab, which is called The Day
of utter, we're now the water we have means to gather water, okay, and to prepare yourselves for the
stay in minute, which is only a few days, so they stay in minute. And then the following day, they
go to alpha, as everybody else does, okay, they make their own that they have alpha, obviously,
they're not praying during this time, then they go to most deliver, and then they stay there and
most deliver. And then the following day, they go through the stones to have the sacrifice done. If
it is necessary, if they're performing Quran Automator then they will trim their hair,
		

			they won't perform the toe off yet, because they're still on their monthly cycle. When they become
pure, then they can perform their toe off and sigh of Hajj
		

			whether that is done a few days later, whenever they purify themselves, so you find that everything
else has been done and hamdulillah of the Hajj they're making they're going to out of the gun with
everybody. The only thing that they don't do is obviously performed off and say and that were done
when they become pure.
		

			So what is her condition or her status? If she immediately right before over the fall? She gets her
menses at that particular moment immediately before to off how does she complete the hatch? So
		

			it doesn't differ much from the answer that I gave before ie that they don't obviously perform that
off now because then they monthly cycle
		

			so they wait for that menses to finish and then they they perform all too often say after that
		

			Okay, so what happens if she entrance into the state of her her menses after the awful if although
but before to offer the
		

			difference? Very good question Masha Allah. So if the sister has performed all the rites of Hajj,
essentially, she entered the state of haram. She done everything from other first standing of
whatever she performed tawaf, she performed a sigh, she done all the stoning and so on and so forth.
And then her menses starts just before they're going to perform the farewell tour of
		

			the Prophet sallallahu alayhi wa sallam
		

			as narrated by the Companions, that they said that, obviously you make the last everybody else. The
last thing that you're going to do before you leave is the farewell tour. Except that it was there
was dispensation there was a permissibility for the, for the minister woman to leave it. There's no
need for her to do the farewell tawaf so she doesn't have to perform the fabled off just before she
leaves. Now, what about China with all these medical technological advancements, right, we have
certain medicines that can prevent menses from occurring, or even at the bare minimum, just shorten
it, instead of it being a week or 10 days. It could be for maybe a couple of days. What is the
		

			ruling on that? Is that allowed not allowed? So obviously with a
		

			Any medical issue, anything to do with anybody's health? First and foremost, I would advise for them
to go to a general practitioner or professional health advisor who's qualified to give them
professional health advice, meaning that any medicine they take is not going to harm them. This is
the first port of call. And it's important to ask every specialist in their field, what is what is
appropriate for them. Okay, before I can answer something Islamic, if it's got something to do with
medicine, I will say to that individual, I'm not a specialist in medicine, you will have to go to a
GP, a doctor or nurse who's qualified to give an answer concerning this particular or this type of
		

			medicine. So the law has a law raise your status. Many people keep within their lanes, as they say,
and like to talk about all subjects all the time, Zack Calaca.
		

			And so you're saying seek medical advice from a practitioner to maybe get the disadvantages or the
advantage or whatever would harm them yes or not.
		

			So if they get the green light, for example, the doctor or the general GP or general practitioner
says to them, by you taking this medicine, there are no adverse effects to you, it's not going to
harm you in any way. The scholars have given fatwa to say, it is permissible for a woman to take a
course of tablets, which will allow her to delay her menses until after the Hajj, so there's no risk
of her having her menses during the days of Hajj, which then maybe she can't perform to offer the
founder and things like that. So she remained in a state of purity throughout the duration of the
Hajj. So when she gets the green light from the doctor, from this Islamic point of view, it's
		

			allowed for her to do that and shout out to
		

			their viewers. We've come at a time where we need to take a break, Inshallah, stay tuned until the
short break and as we continue delving into women or sister issues or concerning hudge until then,
please stay tuned. Sudan was more Missoula Hilbre cut. So don't want to equal more rahmatullah wa
barakato. Dear viewers, welcome back as we continue on the topic of women's issues, a fifth of women
during Hajj shift not one question that comes to mind.
		

			What is the ruling or is it permissible for free sister or a woman to go to Hajj without a Muslim to
be
		

			played?
		

			This is a topic which
		

			is to a lot of people quite close to the heart. Because obviously performing Hajj and Umrah to go to
Makkah is the is the dream of many Muslims
		

			to go there to to see where Islam was born, if you like if you can see where the revelation came to
the Prophet sallallahu alayhi wa sallam to see the kava to have so much reward there. So when
talking about this issue,
		

			on one side of course it is something very close to the heart but also the same time we also have to
mention the Islamic position on that. We want to do something which is pleasing to Allah Tabata,
Kota Elena. So on this issue about a woman traveling for the purpose of Hajj or Umrah
		

			without a Muharram
		

			a woman traveling without a Muharram. And if you don't want to just spend maybe a minute or two
explaining this issue because it's important to to understand
		

			that this within the Sharia, you find that there are certain rules, regulations, laws, which are
sorry, explicit, very clear. You're allowed to do this, you're not allowed to do that. And rulings
can be extracted very, very easily. Very simply.
		

			We can also extract rulings by using our understanding the evidence is which in Arabic We say
illegal study, which are not explicit, you need to use some form of reasoning to extract the ruling.
And this is the case with many rulings. It's not necessarily the case as you find this black and
white. Sometimes you need to use some HD heard it can be understood this way. So the Prophet alayhi
wa sallam said in many narrations Narrated by Abu Huraira Radi Allahu Anhu Abdullah Hypno remember
that the prophet Elisha have said that they understand from the Bible
		

			that a woman who believes in Allah, and the last day should not travel except without a mushroom.
Now that distance, the distance of what is considered to be a journey isn't explicit, wouldn't How
long is the journey? What is journey for you? What is the journey for me might be different. For
this reason, the scholars they differed
		

			as to what is can be to be considered a journey, whether it's 14
		

			10 miles or 82 kilometers, or whether it is what's to be considered customarily, this is a journey.
This is this is a discussion of itself. But what is clear is that the Prophet SAW ism said that a
woman shouldn't travel except with a Mahan. And if somebody is traveling from one country to the
next and getting on a plane, we can consider that a journey without any doubt. Okay, so that's we
want to get rid remove the things which are debatable to those things which are not debatable.
what's not debatable is if you're getting on a plane, and you're traveling 1000s of kilometers.
That's a journey. And on this issue, the Prophet lsmw, in many various Hadith said that a woman
		

			shouldn't travel except with a Muharram.
		

			Those who argue that the Hadith says that a woman shouldn't travel the distance of a day and a night
well, I live in the States, United States of America, I live in somewhere in Africa, I can reach
Mecca within a day in a night. So the hadith is not applicable. But we must remember that we
understand the Hadith or the narrations of the Prophet alayhi salaam that was used and understood at
his time.
		

			Otherwise, you'll find if you want to apply it to the understanding of D, all of these Hadith are
null and void. There's no meaning to it. Because yeah, you can travel anywhere on earth within a day
and a night. But the prophet Edison doesn't speak from himself, he speaks a revelation given to him
by Allah.
		

			So the distance is, in a day and night are judged, but what you could travel at the time of the
Prophet and this was, and this is what all the scholars have agreed.
		

			So that's not the kind of to do with his evidences, the vast majority of the element of the view,
even though it has had all of the conditions, she has her health, she's a Muslim. She's over the age
of puberty, she has the resume and now she has the financial means. She doesn't have a Muharram they
will do but the obligation of Hajj is not on her.
		

			She will not be questioned on your multicam or why she did not perform Hajj, because the conditions
were not fulfilled for her because she does not have
		

			the some of the elements, some of the elements from the mother him for example, some of the Shafi
scholars and some of the Maliki scholars, they state that if a woman she goes with a group of
people, she doesn't have a male guardian Willie with her
		

			on Muharram, I should say, but the group is safer for her. She is permitted to make Hajj in this
situation. This is the view of some of the scholars.
		

			But what seems to be more correct and Allah as often does best is that it is not permitted. For her
to travel without a Muharram she has to travel with Muharram and this is because we know a
companion, he came to the messenger Salah Salem, I may have mentioned this in a previous or actually
he's also like him to give that with you to go out for the sake of Allah subhanaw taala
		

			and my wife has gone for Hajj. The Prophet said go back with your wife and make Hajj with her did
not permit this woman to go hajj on her own. This company had to go with her and to perform the hajj
she was on the strongest evidences to state that as long as the other ones were the other ones. That
woman shouldn't make Hajj alone.
		

			If however, she does go with a group without a Muharram she performs her Hajj, then her Hajj is
sahih the Hajj itself is valid. She fulfilled all the pillars of the Hajj, completed all the
obligations, she completed a hedge, but she would bear the responsibility of traveling without a
Muharram there's a sin of traveling without a Muharram which is separate from the Hajj.
		

			And if a person says Your house is not correct, because you didn't take him home with you is not
correct. You can't say that. Because that is a separate action from the house itself. The hedges say
is valid hamdulillah Now
		

			what about the shaving
		

			of the head of the system?
		

			You know, what is the ruling on that? Yeah, so the men they have the option of shaving or trimming
their hair. As for the sisters, they only trim their hair when they are at the end of their camera,
or on the day of eight when they trim their hair and all they trim is this amount from the amount of
their head not in one little pot, but they gather their hair out of the back of their head. And then
they snip it this amount only and that allows them to fulfill that obligation.
		

			What about
		

			is we spoke in the past about the ruling of one to make a hedge on behalf of a relative who for
example, is either has passed or is unable due to a terminally
		

			you know, condition that he won't be recovering from Sure. Can a woman do that as well? Or is that
only specific to them in
		

			this scenario with a Nia but to Phil Hodge not is to perform hajj on behalf of another person
		

			The cinema agreed the majority of the United has agreed that a woman can perform as long as she's
performed herself. First, we mentioned that as a condition. She can perform hajj on behalf of
another person, whether that person is a male or female. That's not a problem in channel talent.
		

			Alone. What about the issue of covering the face while in the state of hygiene, many of our sisters
hold the opinion of niqab Yes. What is their condition? What do they have to do? Okay, so we have
specific Hadith that the Prophet alayhi salam told us that a woman should let at an acapella tell
Bisou Alko fuzzing, she doesn't wear the niqab, nor does she wear gloves. So she leaves her hands
uncovered, not wearing gloves.
		

			The wife of the messenger Salim as well as a smart Binti Abu Bakr, Radi Allahu anhu, they were
sisters. They mentioned that when we used to perform the pilgrimage, that when non Muharram men came
close to us, they would have a scarf on the top of their head that they would pull down over their
faces. This is not in a club. But in a club is something you tie around your head that has maybe one
eye or partially small gap, or this could occur when it's well known, that shouldn't be worn. But
you wear a piece of cloth, one piece of cloth that you want to pull down over your face, that is
possible, there was a view of some of the earlier math that they say it shouldn't be touching your
		

			face. So therefore, they have some maybe it's a small kind of small cap or something that they were
here to make sure it's away from their face. Okay, this is the view of some of the element and we
respect the view. However, it is also the view of other element that it is not a problem if that
piece of cloth when it comes over your face, if it touches your face, that's not a problem. We'll
look into
		

			why when the state of a haram
		

			and the sisters
		

			you know, undo their hair and wash it and comb it or are they also, you know, prevented from doing
it.
		

			While in a state of haram. For the men and women actually, maybe we didn't focus on what dimension
is previously, it's allowed for them to shower. But you do not use any form of soap, which is
perfumed. So if you buy his soap, you buy some shampoo, which is unscented Unperfumed then you can
wash normally you can shower normally and then put the clothes of Iran back on no problem in shallow
Thailand. So Washington showering in the state of Haram is fine. As long as the soap you use has no
perfume or calming and combing your hair. Good question because we're not allowed to remove hair. So
combing your hair naturally that's fine. Okay, and if anything that falls out, or if one hair fall
		

			falls out or something like that, that's not a problem, shatter them but be careful not to overdo it
in ensuring that you know, hair may come out, you know, maybe you should avoid that. But just to
brush it so it's not like all over the place. And that's why the
		

			local law fair on May Allah bless you and reward you unfortunately, we have come to the end of this
episode. Dear viewers, this is the end of our episode today. If you have missed any of the episodes
in the past, make sure you tune in during our next episode as we will be summing up the whole entire
season or episodes to kind of do a summary of what we've been speaking about. And as they say, let's
finish the race strong until next time as Salaam Alaikum Warahmatullahi Wabarakatuh