Abu Maryam PK
1st March 2008, 06:49 AM
Bismillah
A brother this question of me. Actually it led to a serious standoff with his wife. I am posting it for general benefit:
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Narrated by Ibn 'Abbaas (may Allaah be pleased with him) who said: "The Prophet sallallaho'alaihiwasallam said: 'No woman should travel except with a Mahram, and no man should enter upon a woman unless her Mahram is with her.' A man said, 'O Messenger of Allaah, I want to go out with such-and-such an army and my wife wants to go to Hajj.' He said, 'Go to Hajj with her.'" (Reported by al-Bukhaari, 1729)
Ibn Hajar says in explanation of this hadith in Fath Al-Bari:
Some scholars took the obvious/apparent meaning and said that it is obligatory (wajib) upon the husband to travel with his wife, if she does not have anyone else to travel with her. This was said by Imam Ahmed and one of the opinions narrated from the Shafa'i scholars; although what is well known is that it is not obligatory upon her, which is similar to the case of the person [proxy] who makes hajjj on behalf of a sick person [that is according to the second opinion, that is like the proxy he is free whether to accept this or refuse this request]. [Now, according to this 2nd opinion, ] he may refuse to go except if she pays some money as service charges, then she must pay...This hadith has been used as evidence that a man has no right to stop his wife from obligatory hajj. This is the opinion of Imam Ahmed and one of the opinions narrated from Shafa'i scholars, however the Shafa'i' scholars' more correct opinion [that is the opinion they consider more correct] is that he may forbid her since the Hajj is able to be done in any time in future [thats what i understood]. And now, as for the hadith that has been narrated that the woman who has money and the husband does not allow her to go for hajj, then she should not go except by his permission. This has been narrated by Al-Daraqutni, but it has been argued against, in that that the hadith may have been about hajj which is not obligatory, but naafil (supererogatory).
Ibn Mundhir narrated consensus of the scholars that the husband has the right to stop his wife from going out for any journey, but the difference is in those journeys which are obligatory [like hajj]....
Al-Nawawi said in this hadith is evidence that if different things cannot be done at the same time, they should be scheduled in order of their respective importance. When the Prophet sallallaho'alaihiwasallam had infront of him hajj and jihad, he gave preference to hajj, because even though the man could be replaced by another man in Jihad, no one could replace him as his wife's companion in the journey for hajj.
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Thats my translation, as for a similar fatwa, though i don't agre with it in totality is:
http://islamqa.com/index.php<wbr>?ref=41730&ln=eng&txt=hajj<wbr>%20husband (http://islamqa.com/index.php?ref=41730&ln=eng&txt=hajj%20husband)
A brother this question of me. Actually it led to a serious standoff with his wife. I am posting it for general benefit:
================================================== =======
Narrated by Ibn 'Abbaas (may Allaah be pleased with him) who said: "The Prophet sallallaho'alaihiwasallam said: 'No woman should travel except with a Mahram, and no man should enter upon a woman unless her Mahram is with her.' A man said, 'O Messenger of Allaah, I want to go out with such-and-such an army and my wife wants to go to Hajj.' He said, 'Go to Hajj with her.'" (Reported by al-Bukhaari, 1729)
Ibn Hajar says in explanation of this hadith in Fath Al-Bari:
Some scholars took the obvious/apparent meaning and said that it is obligatory (wajib) upon the husband to travel with his wife, if she does not have anyone else to travel with her. This was said by Imam Ahmed and one of the opinions narrated from the Shafa'i scholars; although what is well known is that it is not obligatory upon her, which is similar to the case of the person [proxy] who makes hajjj on behalf of a sick person [that is according to the second opinion, that is like the proxy he is free whether to accept this or refuse this request]. [Now, according to this 2nd opinion, ] he may refuse to go except if she pays some money as service charges, then she must pay...This hadith has been used as evidence that a man has no right to stop his wife from obligatory hajj. This is the opinion of Imam Ahmed and one of the opinions narrated from Shafa'i scholars, however the Shafa'i' scholars' more correct opinion [that is the opinion they consider more correct] is that he may forbid her since the Hajj is able to be done in any time in future [thats what i understood]. And now, as for the hadith that has been narrated that the woman who has money and the husband does not allow her to go for hajj, then she should not go except by his permission. This has been narrated by Al-Daraqutni, but it has been argued against, in that that the hadith may have been about hajj which is not obligatory, but naafil (supererogatory).
Ibn Mundhir narrated consensus of the scholars that the husband has the right to stop his wife from going out for any journey, but the difference is in those journeys which are obligatory [like hajj]....
Al-Nawawi said in this hadith is evidence that if different things cannot be done at the same time, they should be scheduled in order of their respective importance. When the Prophet sallallaho'alaihiwasallam had infront of him hajj and jihad, he gave preference to hajj, because even though the man could be replaced by another man in Jihad, no one could replace him as his wife's companion in the journey for hajj.
++++++++++++++++++++++++++++++++++
Thats my translation, as for a similar fatwa, though i don't agre with it in totality is:
http://islamqa.com/index.php<wbr>?ref=41730&ln=eng&txt=hajj<wbr>%20husband (http://islamqa.com/index.php?ref=41730&ln=eng&txt=hajj%20husband)