The Need of a Mahram for Women to Perform Hajj – Ask Shaykh YQ #225
Channel: Yasir Qadhi
Series: Yasir Qadhi - Ask Shaykh YQ
File Size: 15.24MB
Sister Sadie from California emails saying that she wishes to perform the hedge. But her situation does not allow her to have a maharam traveling with her. And so she is aware of the controversies over a lady traveling without them out on she is saying that she was going to go into standard packages of hygiene for an America that go in large groups. And obviously she's aware that people say is how common is not and it's in his head that she just wants my opinion. And to summarize the, the differing views in this regard.
ami COVID, Nika Illa de Jalan, no, hey, la him, first.
So our sister, Saudia is well aware that this is nothing new. This is standard age old controversy goes back 1200 years. And in our times, it has been rekindled because obviously of the changes of the the realities of the worlds that we live in, and this controversy, it has been manifested in many of the q&a that I'm doing throughout the series. And that is the the notion of if we understand the cause of a ruling, does the ruling still apply or not? And this is a very common controversy from the beginning of time. Okay, if we understand why something has been not the wisdom because that's something else hikma something else, if we understand the cause, if we understand the reason
that a particular ruling has been given, then if that cause no longer exists, can the ruling be made lacks, and this is I've done many q&a that I've gone over this back and forth. And I have spoken about this reality that from the time of the Sahaba, we had what we can call the more literalist streak, if the heavy says that that's it, no ifs ands or buts about it. We have those that are more thinking about the goals of the *tier. Right. And again, this this tension exists. It's not it's not quite, it is a type of tension, but it is a tension that we should respect that both sides are there. This this notion of a tight slight tension that exists even the life of the Prophet
sallallahu alayhi wa sallam, in the famous incidents that I have gone over in a lot of detail. When the Prophet sallallahu I set him said to the Muslim community after the Battle of the trench, do not pray also until you get to Bhanu. Cora, do not pray officer until you get to the tribe of Bernal Cordova and a large group of Muslims started walking way beyond the time they should have they left late for reasons beyond their control and also has come and acid is about to go and Mercury is about to come in and they haven't prayed also and they began to talk amongst themselves that did the profitsystem literally mean do not pray also till you get to buddy for either or was the point Hurry
up and make sure you get to call them before also because if he literally meant do not pray also then we're going to let him come in and we're going to walk all the way they're not praying also and then we'll pray outside after McRib because the process of literal wording do not pray also, except at Bernal Khaleda. And so they differed and one group said notice the literal meaning and they did not pray until they got to Bernal corredor. And also time had gone. The son had said they haven't prayed also and they prayed answer and then they prayed mother to another group said no. I mean it's obvious that the processor is saying this come out as though her time and he's telling us make sure
processing but the point is get to burn operator before McRib. And for whatever reason we left late, that's not happening. So we look at the goal. We look at the the purpose of saying that we don't have to be literal here in the lifetime of the process and this kernel was demonstrated. And you know what the process some did nothing. He accepted both because they both tried their best effort, right? Unfortunately, what we have and I'll be very honest here is that amongst the many of the religious minded folks, there is a strong streak of literalism. And amongst those that are not so practicing, this literalism, rubs them the wrong way, and they even become even less practicing
because of the what they view as the fanaticism of the religious crowd. And as usual, the middle path is always the best path. And if you listen to my q&a, you will see that I usually ally myself with those that look at the goals and look at what's going on. And also there must be precedent. We don't just we have to follow a roadmap we don't just invent from the top of our heads and every time I quote something, I quote you for them out of the pasture of their president we're holding these views as I have said many times, I do not consider myself to be an independent which they are their own.
To be louder, gives you my own issue. On the contrary, I always reference greater scholars than myself so that you understand that this is not me who is speaking. So our sister, Sadie asks about the female traveling alone. And I say to her, and to all of you that this issue of whether we should look at the literal Hadith by the word is a literal Hadith, the prophet system said, it is not allowed for a woman who believes in Allah and the Last Day, that she travels the distance of a day and a night, except that she has her Muharram with her, okay, it is not allowed for a lady who really has a man that she goes alone, a whole day's journey outside the city all alone, unless she
has a harem with her. Now, it is obvious that this is not an act of worship, it is obvious that, you know, this is a very common sense rule. When we're in a time of lawlessness and a time of no governments and whatnot. We don't want a woman to be all alone in the middle of the desert, it's obvious here. So the question arises, should we be literal? Or should we say, okay, in cases where it is not going to be a danger that it is permissible? So, some of the great scholars, you might but haven't even humbled him or her and even their math hubs, they basically said, yes, it should be the true and we should not allow any woman to ever travel unless she is with her Muharram and Emma
Michelle fury from the beginning said, if she is in a safe land and a safe zone, and she is with a group that is protective, even if it's a group of large ladies, a lot of ladies traveling right together, then it is permissible, you have to look at the safety and you use your common sense. You you assume your comments, is it nobody knows the future, right? And then in reality, you can email or protect yourself, you can get killed in your house, you know, so we don't look at the improbability we look at overall I came up with everything available to vandyke. Overall, if it is a safe environment and a safe land, and she's in a group that we know she's going to be safe, then it
is permissible for her to go for Hajj and Umrah so this is the reality we go as I said, it goes back to the earliest of times. And in this case, and Emma Michelle to be one of the great scholars of underdose he met Michelle Toby, who was really a brilliant scholar who talked about and he's he's writing this 800 years ago, right? And he's writing about the philosophy of the laws of the city that in Malmo shelter, he says that, when it comes to the rituals that Allah told us to do, then we do not look at the how and the reasons we simply do the rituals. But when it comes to the customs and the laws related to the customs, in this case, we should look at the goal of the law, the spirit
of the law, we should look at what is the law attempting to accomplish here. And therefore, because of this, many of the early scholars said that it is allowed for the lady to travel in case there is, you know, overall the presumption of safety. And we have for example, that has an adversity of the earliest scholars was one of the one of the founders of one of the last methods you know, we say there are four main hubs. When you study fifth, you will realize In fact, there were over 30 mentors at one point in time, but for historical reasons for historical reasons. Four of them were solidified and codified and made popular in reality. During that heyday of the glory period of fifth
there were meth hubs all across the Muslim world. There were scholars to the caliber of Imam Shafi. And remember, hamadani ma had a funny memory to their caliber, and of them was remembered Oh, sorry. And by the way, the ozeri madhhab was the madhhab of Andalus for many years, right until the Maliki might have came. So the ozeri madhhab did flourish for a period of time. And remember ozai in his fifth, he did allow for a lady to travel if there is safety, Amanda would avoid he also did this, in fact, even taymiyah himself as his student, even Muslim says that even taymiyah himself said that it is allowed for a woman to perform hajj, if she is in safe circumstances, even if there is no
Muharram with her. If she is Amina Amina here means she is safe. If there we presume that she is going to be safe, then she may go for hedge and then Ibn taymiyyah says and this permissibility applies to every travel that is a travel for the sake of worshiping Allah IE going to visit her parents going for an Islamic conference. Every travel that is a good travel that you're doing it obviously and I'm being brutally honest here. We want to protect our women and women are subject to more crimes than men it is understood we don't want a lady to go vacationing all alone. I'll be very honest here is not something we want because want to protect our women at the same time to say that
no woman can travel you know for hedging. Tomorrow. No woman can travel for an Islamic conference no woman can travel to visit and mother and father and in reality, the times that we live in, you know, she goes to the airport and one city and she's sitting in a plane with people that
Generally speaking, I mean, this is a, you know, not she is safer in public spaces than perhaps she is going to be in some apartment complexes that she might be living in, you know, I'm saying. So realistically speaking, to make this a very big deal. And to say this and not any in reality, there's a standard position, as I said, from the Shafi school and from Ibn taymiyyah. And from a Loza, Ian has an advice in others. And this is back in those days. Now in our times, we can in fact, make an even stronger argument, because the reality is that in those days, you would be walking in the middle of the desert, from city to city, and those scholars allowed it, whereas in our times,
we're talking about safe buses, or safe travel, or main highways, or even more safer than this is airlines, right? You're sitting in an airplane with 300 people, you know, you're dropped off at the airport, and they are even in a major city, you go to the airport, and then you, you you, you go to the other city, and you have another civilization over there. And so in reality, to make this issue, one in which we, you know, make everything haram and the sisters are not, you know, doing this and that, I think that this is not in the spirit of the Sharia. And so the position that I follow is that even Tamia and that of the Shafi school or I should say, the majority of the charter school as
in every month, have you always find, you know, other voices, we do look at the reality of the situation we are in. And by the way, even amongst many of the very conservative scholars, they did allow this, for example, she could be in Djibouti and also allows this and others they allow the woman to travel for a legitimate reason if the situation was safe, because the goal of this Hadeeth was for her protection, as simple as that the goal of this headache is that we don't want anything to happen. And so if generally speaking, and by the way, there's an evidence from the Hadeeth that is used. And that is the famous hesitancy high body that our Prophet sallallahu alayhi wasallam said
that a time will come before the day of judgment that a lady shall travel from habra mode to Santa he mentioned two cities in Yemen for faraway, a lady shall travel all alone from that city to that city, with a flock of sheep as the shepherd, and she shall fear none but Allah subhanho wa Taala as the person of taqwa and she will fear the wolf attacking the sheep. Now, this hadith is very profound, because even though it's not fit, the Profit System is predicting that a time will come when a lady young lady will travel with a lot of wealth. Cheap is easy wealth. Cheap is you just grab it and you go, Okay, so she's a lady by herself. She has a large amount of wealth, and the
profitsystem is describing that's going to happen. And he didn't say our village, she doesn't have a man. He said, she fears Allah, He affirmed, she has a man. And he's the one who said no woman who believes in Allah should travel without a madam. So how do we reconcile these two, it is self evident. If the road is safe, and there is no problem and fear and worry, then this ruling does not apply. And if there's any danger than any lady who truly believes in Allah on the last day, she should not be all alone out there in the middle of nowhere, Allah knows what's going to happen. So it's very clear here that, you know, the the context is what dictates which of these two should be
done. And the Profit System is informing us in a manner that clearly indicates he's approving. And in a way, there's a boast as well, that security will be so much. And this is the point here, security, she is going to travel, fearing none. She's safe. She knows nobody's going to harm her. Because of that. She's traveling. And the process is telling me she's traveling, and he's not recommending that travel. What does that indicate? So dear brothers, before you jump to only one Hadeeth and one method, that's fine, I understand, at least respect and tolerate the other and then understand sometimes sometimes, given the modern world that we live in, to be too strict is going to
backfire. And it will cause people to turn away from religiosity. So our sister said she's aware of the debate. She wants my two cents if you like, I appreciate her trust in me and wanting me to summarize, I hope that inshallah Allah with this I have made the question clear that any mobile travel, any travel that is in and of itself permissible, and especially if it is done for a good cause she's visiting a relative, you know, she's visiting her parents, she's attending an Islamic conference, she's going for Hajj and Umrah and overall she's in the company of righteous people as a group Hydra group. We all know how groups of America Mashallah you know, 50 100 people, they're all
going there, they're going to take care of her and everything, any frankly, frankly, that safety is in many cases higher than if she goes to the mall all alone in her local in her local area, right. So to make that how long because of an interpretation of the Hadeeth DNA, I think that that is not one
And our times and I respect all positions out there, but you asked me my opinion and I think that the charter school that had been Tamia and others, this is what really makes sense in our times and Allah subhanho wa Taala knows best inshallah, with that we will end for today and continue next week but then it was Sarah modicon rahmatullah wa barakato.