Category: History
Fatwa#: 19058
Asked Country: United Kingdom

Answered Date: Oct 27,2010

Title: Is hajj fard on a woman who does not earn and her husband does not wish to spend on her hajj? Is hajj fard on a woman who has small kids?

Question

Is hajj fard on a woman who does not earn and her husband does not wish to spend on her hajj? Is hajj fard on a woman who has small kids?

Answer

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.


If you possess sufficient wealth (savings, jewelry, property, etc) that would pay for your trip to Makkah and back for yourself and your mahram, then Hajj is obligatory for you.1 You must be accompanied by a mahram since you reside in the UK.2 3


If your take your husband and pay for his Hajj, the obligation of Hajj for both of you will be fulfilled. If your husband does not wish to accompany you, you should search for another reliable mahram. You will be responsible for the expenses of your mahram. Once you find a reliable mahram, your husband cannot prevent you from going on your obligatory Hajj.4

 

If you cannot find a mahram in your lifetime, you will not be sinful for not performing Hajj. You should make a bequest that a Hajj-Badal be performed on your behalf. Your inheritors will then be responsible to find someone to perform the Hajj on your behalf.5 

 

If one of your small children is breastfeeding and there is no one else who can breastfeed on your behalf and your child does not take to a wet nurse, then to protect the child, put off your obligatory Hajj until your child is weaned.6 As for children that are already weaned but small in age, there is no excuse there, as they can be cared for at the home of a relative or friend.

 

May Allah enable both your and your husband to go on Hajj and may Allah accept the Hajj of all our brothers and sisters. Ameen.

 

And Allāh Knows Best.

Ml. Sohail Bengali
Chicago, IL (USA)

 

Concurred by:
Muftī Abrar Mirza
Chicago, IL (USA)

 

Under the Supervision of:
Muftī Ebrahim Desai
South Africa

 

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1          Fataaawa Usmania, Volume 2, pg 206, Quranic Studies Publishers, 2008

2          Fataawa Rahimiyyah, Volume 3, Chapter of Hajj, pg 196, English Edition, Darul Ishaat, 2008

3          ويعتبر في حق المرأة أن يكون لها محرم يحج بها أو زوج ولا يجوز أن تحج بغيرهما إذا كان بينها وبين مكة ثلاثة أيام فصاعداً                                       مختصر القدوري كتاب ألحج ص.٥٦ قديم كتب خانة 

4   Bahishti Zewar, pg. 284, English Edition

5   Ibid.

6   وإن كان لا يجد من ترضعه أو كان لا ياخذ ثدي غيرها تجبر عليه صيانة أن ضياعة

           مختصر القدوري كتاب النفقات ص. ١٨٢ هامش زيعلي قديم كتب خانة

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.