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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 33

Translation · EN

permissible, such as her father, her son, and her brother, whether by lineage or through nursing, because of what Abu Sa'id narrated, saying: The Messenger of Allah (may Allah bless him and grant him peace) said: "It is not lawful for a woman who believes in Allah and the Last Day to travel for a journey of three days or more unless her father, her son, her husband, or a mahram of hers is with her." Narrated by Muslim (11). Ahmad said: The husband of a woman's mother is considered a mahram for her to perform Hajj with, and a man may travel with the mother of his grandfather's child. If she has a brother through nursing, she may travel with him. Regarding the mother of one's wife, he said: He is considered a mahram for her during the obligatory Hajj, but not otherwise. Al-Athram said: It is as if he was of the view that she was not mentioned in His [Allah's] statement: {And let them not display their adornment} (12) [up to] the end of the verse. As for someone who is lawful for him to marry in some circumstances, such as her slave or her sister's husband, they are not mahrams for her. Ahmad stated this explicitly, because neither of them is trusted with her, and she is not forbidden to them forever; thus, they are like a stranger. It has been narrated from Nafi', from Ibn 'Umar, from the Prophet (may Allah bless him and grant him peace) that he said: "A woman's travel with her slave is a source of ruin" (13). Sa'id recorded it. Al-Shafi'i said: Her slave is a mahram for her because it is permissible for him to look at her, so he is a mahram for her, just like her blood relative. The first [opinion] is more appropriate. He differs from the blood relative because the latter is trusted with her, she is forbidden to him forever, and what they have mentioned is invalidated by the [other] rules concerning women and men who lack sexual desire. As for the mother of a woman one has had intercourse with due to doubt, or a woman one has committed adultery with, or their daughter, they are not mahrams for them; for (14) their prohibition is due to a non-permissible cause, so the ruling of being a mahram is not established by it, like the prohibition established by li'an (imprecation). He is not permitted to be in seclusion with them, nor to look at them for that reason. A disbeliever is not a mahram for a Muslim woman, even if she is his daughter. Ahmad stated in the case of a Jew or a Christian whose daughter converted to Islam

Notes

(11) In: The Chapter on a Woman's Travel with a Mahram for Hajj and Other Matters, from The Book of Hajj. Sahih Muslim 2/937. It was also recorded by Abu Dawud, in: The Chapter on a Woman Performing Hajj Without a Mahram, from The Book of Hajj Rites. Sunan Abi Dawud 1/401. And al-Tirmidhi, in: The Chapter on the Dislike of a Woman Traveling Alone, from The Chapters on Nursing. 'Aridat al-Ahwadhi 5/117. And Ibn Majah, in: The Chapter on a Woman Performing Hajj Without a Guardian, from The Book of Hajj Rites. Sunan Ibn Majah 2/968. (12) Surah al-Nur 31. (13) Al-Munawi cited it and attributed it to al-Bazzar and al-Tabarani in al-Awsat. Fayd al-Qadir 4/105, 106. (14) In M: "because (li-anna)".

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