Woman travelling without a Mahram?
The following is a draft translation from Arabic.
Question: I read a Hadith from Abu Dawud in which he says:
«لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر بريداً إلا معها ذو محرم»“A woman who believes in Allah and the doomsday is not allowed to travel a -Bureid- without a Mahram” so how is it if we considered the other Hadith:
«لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر مسيرة يوم وليلة إلا معها ذو محرم»“A woman who believes in Allah and doomsday is not allowed to travel the distance of a day and a night without a Mahram”, knowing that the distance of the Bureid could be traveled in less than a day?
Answer:
Al-Bukhari and Muslim narrated from Ibn Abbas -may Allah be content with them- that Rasulallah (saw) said:
«لا تسافر المرأة إلا مع ذي محرم»“A woman should not travel without a Mahram”.
This is prohibition of a woman’s traveling -general traveling- except with a Mahram.
A limitation was mentioned for this traveling in three days, two days, a day and a night, a night:
- Al-Bukhari narrated from Ibn Omar (three days), and from Abi Sa’eed Al-Khudari (two days) and from Abi Hurairah (one day and one night) and from Ibn Abbas and Ibn Omar (one day and
one night).
- Muslim narrated from Ibn Omar (three, more than three) and from Ibn Sa’eed Al-Khudari (two days, three, more than three) and from Abi Hurairah, Ibn Abbas, and Ibn Omar (one day and one night).
- Al-Tirmithi narrated from Abi Sa’eed Al-Khudari (three days and above), and from Abi Hurairah (one day and one night).
- Ibn Majah narrated from Abi Sa’eed (three and above).
- Ahmad narrated from Ibn Omar (three), and from Abdallah Ibn Omar (distance of three), and from Abi Hurairah (three days, distance of a complete day), and from Abi Sa’eed (three days, two days, three, over two days, two days).
-Al-Darmi narrated from Abi Sa’eed (three days and over).
- Abu Dawud narrated from Abi Hurairah (one night, one day and one night). Then lately it was narrated from Abi Hurairah (distance of Bureid).
So, limitation of traveling was mentioned in the narrations of Al-Bukhari, Muslim, Al-Tirmithi, Ahmad, Al-Darmi and Abu Dawud in time (three days, or three nights, two days, one day and one night, one night).
Impelling the absolute (mutlaq) over the limited (muqayad), and gathering the evidences, the Shar’i Hukum is that a woman should not travel the lesser distance without a Mahram, meaning that she cannot travel the distance of one night, because not traveling one night leads to not traveling two days, three… in language the Arabs use the word -night- meaning a whole day -one day and one night- Allah (swt) said:
((قال آيتك ألا تكلم الناس ثلاث ليال سوياً))“Thy Sign, was the answer, Shall be that thou shalt speak to no man for three nights” [Mariam: 10] and He (swt) said:
((قال آيتك ألا تكلم الناس ثلاثة أيام إلا رمزاً))“Thy Sign, was the answer, Shall be that thou shalt speak to no man for three days but with signals” [Al-Imran: 41] it is obvious in both Ayat that (nights) means (days). The Arabs say: كتبته لكذا ليلة خلت من شهر كذا “I wrote it for some nights that elapsed from this or that month” meaning for a number of days.
Therefore the prohibition is traveling the distance of one day and one night except with a husband or a Mahram, and this is what we adopted.
What remains is the narration of Abu Dawud which is restricted with distance (Bureid) and distance of Bureid is four parasang, that is about (22 kilometers) what is noticed about this story is the following:
1. It restricts traveling to the distance, which means that the time is of no value, she therefore needs a Mahram if she travels (22) kilometers whether she travels them in one or in two days…
As for the other Hadiths, they are restricted to time, that is one day and one night, whether she crosses in them 100 or hundreds of kilometers…
So, talking about distances cancels the time, and talking about time cancels the distance, so here, there is contradiction, and when there is contradiction we resort to what is more probable, it is obvious that the Hadith of Al-Bukhari, Muslim and the other Sihah, even Abu Dawud himself narrates most of his narrations in time, all of these are more probable than the narration of Abu Dawud, the only one which mentions (Bureid) in it.
2. The narration of Abu Dawud in bureid is as follows: Yusuf Ibn Musa told us after Jareer after Suheil after Saeed Ibn Abi Sa’eed after Abi Hurairah he said that Rasulallah (saw) said:
«لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر بريداً إلا معها ذو محرم»“A woman who believes in Allah and doomsday is not allowed to travel –a distance of a Bureid- except with a Mahram”.
Abu Dawud himself relates from Sa’eed Ibn Abi Sa’eed from Abi Hurairah four Hadiths in which he says one day and one night.
Also Abu Dawud himself relates from Sa’eed Ibn Abi Sa’eed from his father from Abi Hurairah two Hadiths in the first he says (one night) and in the second he says (one day and one night).
So all the narrations of Abu Dawud after Sa’eed Ibn Abi Sa’eed (once after his father and another directly) after Abi Hurairah, he mentions restriction to time (one day and one night). Knowing that Ahmad narrated the Hadith in the same manner after Sa’eed Ibn Abi Sa’eed from his father after Abi Hurairah and mentioned (a complete day): There is one narration for Abu Dawud from Sa’eed Ibn Abi Sa’eed after Abi Hurairah -distance of a Bureid-.
These narrations makes it probable that Abi Hurairah mentioned from Sa’eed Ibn Abi Sa’eed (or his father) one day and one night, and did not mention -distance of bureid-.
Therefore what is probable is what we mentioned in the social system book (one day and one night) meaning;
«لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر مسيرة يوم وليلة إلا مع ذي محرم»“A woman who believes in Allah and doomsday is not allowed to travel the distance of one night and one day without a Mahram”.
As you notice, we say what is probable, and we do not give a decisive opinion, this is one thing. The second is that we say that she can travel less than one day and one night without a Mahram, but we do not say that she should do that, because if she does not want to travel the distance of half a day except with a Mahram, then she can have that, what is important is that she should not travel the distance of one day and one night except with a Mahram.
By Sheikh Ata ibn Khaleel Abu al-Rashta
Question: I read a Hadith from Abu Dawud in which he says:
«لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر بريداً إلا معها ذو محرم»“A woman who believes in Allah and the doomsday is not allowed to travel a -Bureid- without a Mahram” so how is it if we considered the other Hadith:
«لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر مسيرة يوم وليلة إلا معها ذو محرم»“A woman who believes in Allah and doomsday is not allowed to travel the distance of a day and a night without a Mahram”, knowing that the distance of the Bureid could be traveled in less than a day?
Answer:
Al-Bukhari and Muslim narrated from Ibn Abbas -may Allah be content with them- that Rasulallah (saw) said:
«لا تسافر المرأة إلا مع ذي محرم»“A woman should not travel without a Mahram”.
This is prohibition of a woman’s traveling -general traveling- except with a Mahram.
A limitation was mentioned for this traveling in three days, two days, a day and a night, a night:
- Al-Bukhari narrated from Ibn Omar (three days), and from Abi Sa’eed Al-Khudari (two days) and from Abi Hurairah (one day and one night) and from Ibn Abbas and Ibn Omar (one day and
one night).
- Muslim narrated from Ibn Omar (three, more than three) and from Ibn Sa’eed Al-Khudari (two days, three, more than three) and from Abi Hurairah, Ibn Abbas, and Ibn Omar (one day and one night).
- Al-Tirmithi narrated from Abi Sa’eed Al-Khudari (three days and above), and from Abi Hurairah (one day and one night).
- Ibn Majah narrated from Abi Sa’eed (three and above).
- Ahmad narrated from Ibn Omar (three), and from Abdallah Ibn Omar (distance of three), and from Abi Hurairah (three days, distance of a complete day), and from Abi Sa’eed (three days, two days, three, over two days, two days).
-Al-Darmi narrated from Abi Sa’eed (three days and over).
- Abu Dawud narrated from Abi Hurairah (one night, one day and one night). Then lately it was narrated from Abi Hurairah (distance of Bureid).
So, limitation of traveling was mentioned in the narrations of Al-Bukhari, Muslim, Al-Tirmithi, Ahmad, Al-Darmi and Abu Dawud in time (three days, or three nights, two days, one day and one night, one night).
Impelling the absolute (mutlaq) over the limited (muqayad), and gathering the evidences, the Shar’i Hukum is that a woman should not travel the lesser distance without a Mahram, meaning that she cannot travel the distance of one night, because not traveling one night leads to not traveling two days, three… in language the Arabs use the word -night- meaning a whole day -one day and one night- Allah (swt) said:
((قال آيتك ألا تكلم الناس ثلاث ليال سوياً))“Thy Sign, was the answer, Shall be that thou shalt speak to no man for three nights” [Mariam: 10] and He (swt) said:
((قال آيتك ألا تكلم الناس ثلاثة أيام إلا رمزاً))“Thy Sign, was the answer, Shall be that thou shalt speak to no man for three days but with signals” [Al-Imran: 41] it is obvious in both Ayat that (nights) means (days). The Arabs say: كتبته لكذا ليلة خلت من شهر كذا “I wrote it for some nights that elapsed from this or that month” meaning for a number of days.
Therefore the prohibition is traveling the distance of one day and one night except with a husband or a Mahram, and this is what we adopted.
What remains is the narration of Abu Dawud which is restricted with distance (Bureid) and distance of Bureid is four parasang, that is about (22 kilometers) what is noticed about this story is the following:
1. It restricts traveling to the distance, which means that the time is of no value, she therefore needs a Mahram if she travels (22) kilometers whether she travels them in one or in two days…
As for the other Hadiths, they are restricted to time, that is one day and one night, whether she crosses in them 100 or hundreds of kilometers…
So, talking about distances cancels the time, and talking about time cancels the distance, so here, there is contradiction, and when there is contradiction we resort to what is more probable, it is obvious that the Hadith of Al-Bukhari, Muslim and the other Sihah, even Abu Dawud himself narrates most of his narrations in time, all of these are more probable than the narration of Abu Dawud, the only one which mentions (Bureid) in it.
2. The narration of Abu Dawud in bureid is as follows: Yusuf Ibn Musa told us after Jareer after Suheil after Saeed Ibn Abi Sa’eed after Abi Hurairah he said that Rasulallah (saw) said:
«لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر بريداً إلا معها ذو محرم»“A woman who believes in Allah and doomsday is not allowed to travel –a distance of a Bureid- except with a Mahram”.
Abu Dawud himself relates from Sa’eed Ibn Abi Sa’eed from Abi Hurairah four Hadiths in which he says one day and one night.
Also Abu Dawud himself relates from Sa’eed Ibn Abi Sa’eed from his father from Abi Hurairah two Hadiths in the first he says (one night) and in the second he says (one day and one night).
So all the narrations of Abu Dawud after Sa’eed Ibn Abi Sa’eed (once after his father and another directly) after Abi Hurairah, he mentions restriction to time (one day and one night). Knowing that Ahmad narrated the Hadith in the same manner after Sa’eed Ibn Abi Sa’eed from his father after Abi Hurairah and mentioned (a complete day): There is one narration for Abu Dawud from Sa’eed Ibn Abi Sa’eed after Abi Hurairah -distance of a Bureid-.
These narrations makes it probable that Abi Hurairah mentioned from Sa’eed Ibn Abi Sa’eed (or his father) one day and one night, and did not mention -distance of bureid-.
Therefore what is probable is what we mentioned in the social system book (one day and one night) meaning;
«لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر مسيرة يوم وليلة إلا مع ذي محرم»“A woman who believes in Allah and doomsday is not allowed to travel the distance of one night and one day without a Mahram”.
As you notice, we say what is probable, and we do not give a decisive opinion, this is one thing. The second is that we say that she can travel less than one day and one night without a Mahram, but we do not say that she should do that, because if she does not want to travel the distance of half a day except with a Mahram, then she can have that, what is important is that she should not travel the distance of one day and one night except with a Mahram.
By Sheikh Ata ibn Khaleel Abu al-Rashta
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