What is the ruling if a wife enters Ihram for Hajjat al-Islam but the conditions for its obligation (ability/Istita'ah) are not met?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 8 · Bab 6

Open in Qurani

Primary text

If the Hajj is Hajjat al-Islam but its conditions, such as ability, are incomplete, the husband has the right to prevent her from setting out or commencing it because it is not obligatory upon her. Therefore, she forfeits his right by engaging in something not obligatory upon her, giving him the right to prevent her, similar to preventing her from voluntary fasting.

Supporting text

There is an alternative view suggesting he may dissolve it because a condition for its obligation is missing, making it analogous to the Hajj of a slave or a minor, where the lack of freedom or maturity allows prevention. Furthermore, since it is not obligatory upon her, it resembles other voluntary acts.