What is the evidentiary basis regarding the requirement of a Mahram for a woman's Hajj journey?
General Chapter
Al-Mughni
Book of Hajj
Primary text
The requirement is established by the Hadith narrated by Abu Hurairah, stating that it is not permissible for a woman who believes in Allah and the Last Day to travel a distance of one day's journey except with a Dhu Mahram (a guardian). Similarly, Ibn Abbas narrated that the Prophet (peace be upon him) stated that a woman should not travel except with a Mahram. When a man mentioned his wife traveling for Hajj without him, the Prophet commanded him to go perform Hajj with his wife. This general prohibition on travel without a Mahram is understood to apply to Hajj, as indicated by the explicit narration from Ibn Abbas: 'No woman shall perform Hajj except with a Mahram.' Furthermore, since she is initiating a journey within the Abode of Islam, it is not permissible without a Mahram, similar to voluntary Hajj.
Supporting text
The dissenting view argues that the established traditions regarding Mahram are either interpreted as applying only to men, or that the Prophet's statement to 'Uday ibn Hatim, indicating a time when a female traveler would journey safely without protection, negates the strict requirement. They also argue that the condition of 'ability' (Istita'ah) is defined by provision (Zad) and means of transport (Rahilah), and that the Mahram requirement should be discounted since scholars who dissent impose other unproven conditions, such as clear roads or the ability to stay on a mount.