Is a wife permitted to abandon the obligatory Hajj if her husband swears by the triple divorce that she must not perform it this year?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
The wife is not permitted to dissolve the state of Ihram (by exiting the Hajj obligation) if she initiated it with an obligatory Hajj, even if her husband swore by the triple divorce that she must not perform it this year. This is because divorce, although permissible in principle, does not permit her to abandon the obligations (fara'id) set by God out of fear of the divorce taking effect. The ruling is that she must complete the Hajj.
Supporting text
Imam Ahmad, as narrated by Muhanna, held an opinion echoing that of 'Ata, who stated that divorce ('Talaq') is destruction ('halak'), and likened the wife's situation to that of someone prevented (Muhsar) from completing Hajj. Ibn Mansur also narrated that he ruled in favor of the questioner based on 'Ata's view, justifying this by noting the immense harm caused by divorce—leaving her home, separation from her husband and children—which may be greater to her than the loss of wealth or destruction of her family. Therefore, 'Ata called it destruction, and by extension, if an enemy prevented her from Hajj unless she paid him her wealth, that would constitute obstruction (Husr), making this case even stronger for granting concession.