because it is impossible for it to count for both of them, and neither of them has a greater right than the other. If he enters ihram on his own behalf and on behalf of another, it counts for himself; because if it counts for himself even without him intending it, then it is even more so when he does intend it. If he enters ihram on behalf of one of them without specifying which, [it is possible that it counts] (29) for himself as well; because neither of them has a greater right than the other, so it is like the case where he enters ihram on behalf of both of them. It is also possible that it is valid; because ihram is valid for an unknown person, so it is valid on behalf of an unknown person, and he has (30) the right to assign it to whichever of them he wishes. Abu al-Khattab favored this view. However, if he does not do so until he has performed one circuit, it counts for himself, and he has no right to assign it to either of them; because tawaf (circumambulation) cannot be performed on behalf of an unspecified person.

540 - Issue: He said: (The ruling for a woman, if she has a mahram, is like the ruling for a man).

The apparent meaning of this is that Hajj is not obligatory for a woman who does not have a mahram; because he equated her with a man in the obligation of Hajj if she has a mahram, therefore, whoever does not have a mahram is not like a man, and thus Hajj is not obligatory upon her. Ahmad has explicitly stated this. Abu Dawud said: I said to Ahmad: A wealthy woman who has no mahram, is Hajj obligatory (1) upon her? He said: No. He also said: The mahram is part of the 'means' (al-sabil). This is the view of al-Hasan, al-Nakha'i, Ishaq, Ibn al-Mundhir, and the scholars of opinion (ashab al-ra'y). There is another report from Ahmad that the mahram is one of the conditions for the necessity of setting out, not for the obligation itself. Thus, whenever Hajj is missed after the completion of the five conditions, due to death or an illness from which there is no hope of recovery, a Hajj should be performed on her behalf; because the conditions of Hajj specifically related to it have been fulfilled, and the mahram is only for her protection, so it is like clearing the road and the possibility of traveling. There is a third report from him that the mahram is not a condition for the obligatory Hajj. al-Athram said: I heard Ahmad being asked: Can a man be a mahram for his wife's mother, to take her out for Hajj? He said: As for the obligatory Hajj...