Questioner: Are the wives of the Prophet exempted from having a Mahram before travelling? After the death of the Prophet, Aaishah went for Hajj and he (the Prophet) was (supposed to be) her mahram (a mahram is anyone whom she is permanently forbidden to marry, because of blood ties, breastfeeding or ties through marriage, such as her father, son, or brother).
Ustaadh Ibroheem bn ‘Abdur Rouf (Aboo Noosir): All perfect praise is for Allaah. We beseech His peace and blessings upon the Messenger (sollaLloohu ‘alayhi wa sallam). Before I go on to answer the question (he wants to chip in something); the question is not a problem. We wrote all these (issues) and published it in a book, a whole book; An-Naseehah regarding the travel of the Muslim woman without a Mahram. It is a whole work, so don’t think that when I was laughing it meant that there is no response to the question, not at all, it has answers. But I will like to quickly mention two things.
The first thing I will like to mention is; when and until now anyone you see in an association or society with strong affiliations to it, if you ask that person, ‘what is the proof for your affiliation?’, (you will see that) they don’t have it. We don’t know (the evidence for) it too?! We don’t know (the evidence for) it too?!! So this forms the importance of having to mention issues like this. It is not that it is being mentioned to be said that it was mentioned and to be made a case for noise, but because it is not being mentioned; people don’t talk about it. But there are books the ‘Ulamaa had written long ago about all these matters. At least here with me I came with six (of such books) on this issue of Jamaa’ah; I have others at home. There are books (that the) scholars have written, and there are Fataawaa (verdicts). ‘Uthaymeen (rohimohuLlaah) has Fatwa; Bn Baaz (rohimohuLlaah) has Fatwa; I taught we would read some of them. Bn Baaz (rohimohuLlaah) had (verdict on the issue); Shaykh Soolih Fawzaan al-Fawzaan (rohimohuLlaah) had; (as for) Shaykh Bakr Aboo Zayd (rohimohuLlaah), he wrote a whole book “Hukm Al-Intima’ (IIa al-Firooq wa al-Ahzaab wa al-Jamaa’at Al-Islamiyyah)”, a whole voluminous book on this matter, it is just about, ‘what is the ruling of societal affiliation?’ But who cared to read these books at the time (they were released). It is (books like) ‘mile stone’, books like ‘towards understanding Islaam’; ‘let us be Muslims’ (and so on); those were the books people read. In fact if you have to search now for a book on this matter in English, I don’t know one. So many of the people would not know (just) like we didn’t know too. So we were there because we didn’t know.
So when Allaah makes us know now, we have a responsibility to educate the people. And if you know it, just ask anybody who is there now (the question), ‘do you have a proof?’ He will just start trying to think out one, not that he already has one. Like if you ask me, ‘what is the proof that we have to perform wudoo before Solaah?’; easily I will say, the Prophet (sollaLloohu ‘alayhi wa sallam) said the one who does not have Wudoo does not have Solaah. Easily! But if you ask someone who has societal affiliations, ‘what is his proof?’; he doesn’t have. So we did it because we didn’t know that there are no proofs for what we were doing. We thank Allaah Who has made us to know, so we have to let others know. Al Imaam Ibn ‘AbdilWahhab (rohimohuLlaah), in his Usool-uth-Thalaathah, he was saying that what is most obligatory on the Muslim is to know Allaah; to know his Messenger; and then to make Da’wah unto it. Shaykh Soolih Ibn al-‘Uthaymeen (rohimohuLlaah), when he was explaining this point, he said whenever Allaah blesses the Muslim with the understanding of any matter, he has to tell his brothers. This is just what we are doing, and Allaah knows best.
The question is ‘Aa’ishah -rodiyaLloohu ‘anha- (travelled without her Mahram); not she alone, (she was) with some other wives of the Prophet (sollaLloohu ‘alayhi wa sallam). (The assertion is that) they went on the journey, and they didn’t have their Mahaarim.
Firstly, the ‘Ulamaa who responded to this, like Al-Haafidh Ibn Hajar al-‘Asqaalaaniy (rohimohuLlaah), he said there is no evidence that they didn’t have their Mahaarim. He said that this hadeeth does not point that their Mahaarim was not with them because they were in a group of Muslims. There is no evidence that any of their Mahaarim was not with them, because they had brothers (and) they had uncles amongst those who were Companions. So there is no evidence in this very hadeeth that didn’t have Mahaarim, it cannot be deduced from it because it is not mentioned and the possibility that they had Mahaarim who went with them was there. So it cannot be used as an evidence.
The second response they gave to it was that Allaah have told us in Soorah al-Ahzaab that, ‘The Prophet is more worthy of the believers than themselves, and his wives are their mothers…’ [Soorah al-Ahzaab (33):6] (Allaah made us know) that the wives of the Prophet (sollaLloohu ‘alayhi wa sallam, in the second part of the verse, that they are mothers to us. So if it is accepted that her brothers and uncles and that who should go with her, (that is) her Mahaarim were not there, all the Muslims are her Mahaarim because Allaah says she is their mother. So it (the assertion) is not evidence. That is why I was saying that it is not something we will start thinking (about). Long ago (it had been clarified)! So Allaah knows best. You can read that book; it clarifies all those issues on Mahaarim so that we will not be talking about it on and on. And Allaah knows best.
Ustaadh AbdulGhaniy Jumu’ah (hafidhohuLlaah): All perfect praise is for Allaah. Prayers and peace be upon the Messenger (sollaLloohu ‘alayhi wa sallam). To proceed, we thank (our) brother Aboo Noosir for his presentation, may Allaah (subhaanohu wa ta’ala) increase you in knowledge. The further addition I have to this is what the …(unclear word)… said that the travelling of ‘Aa’ishah and other wives of the Prophet (sollaLloohu ‘alayhi wa sallam) has to with Hajj. That is why al-Imaam Haafidh Ibn Hajar al-‘Asqaalaaniy (rohimohuLlaah) also commented on this. So we can’t bring the issue of Hajj, because there is consensus on the fact that a woman cannot travel without her Mahram. The only dispute is restricted to Hajj. (This is) because this issue is one of the…(unclear word)… of al-Islaam. That is why al-Imaam Shaafi’, (and) al-Imaam Maalik were of the opinion that a woman can travel if there is safety for her, (but) it is restricted to Hajj. So…(unclear words)…in addition to what Aboo Noosir have said as seen in the course of Hajj. This is because the Prophet (sollaLloohu ‘alayhi wa sallam) said the best Jihaad of women is Hajj that is Mabroor. So this is the …(unclear words)… condition. But concerning a woman travelling without her Mahram, there is consensus among the scholars concerning this except (the difference of opinion which is) restricted to Hajj. And Allaah knows best.
Ustaadh Ibroheem bn ‘Abdur Rouf (Aboo Noosir): Even on Hajj, even on Hajj; what is most authentic is that a woman should not go for Hajj except that her Mahram is with her. He (Ustaadh ‘AbdulGhaniy Jumu’ah) is just saying that the only area where there is difference of opinion is the issue of Hajj. He is not saying that a woman should go for Hajj (without her Mahram).
[SOURCE: THE TAPE TITLED, ‘AL FURQAAN@ There will be evil after this good Q&A’; TIME OF THE TRANSCRIBED QUESTION AND ANSWER, ‘00:28 to 07:37’]
Compiled by Aboo Aaishah Al Odeomeey