Is the master allowed to prevent a slave from making up a Hajj when the initial Ihram was performed without permission?

General Chapter

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the initial Ihram was performed without the master's permission, there is a scholarly view that the master cannot prevent the make-up Hajj because it is an obligation, and a master cannot prevent a slave from fulfilling obligations. Another view holds that the master may prevent it because he had the right to prevent the initial Hajj performed without his consent, and this applies likewise to the make-up.

Supporting text

There is a difference of opinion regarding the master's right to prevent the slave from performing the make-up Hajj when the initial Ihram was unauthorized: one view states prevention is impermissible as it is an obligation, and another states prevention is permissible as the initial act was unauthorized.