Permission of the husband
70. The permission of the husband is not a condition [required] for the wife to go to the obligatory Hajj. If the wife became mostatee’ she would be obliged to perform the Hajj, even if her husband does not give his consent, since the husband
70. The permission of the husband is not a condition [required] for the wife to go to the obligatory Hajj. If the wife became mostatee’ she would be obliged to perform the Hajj, even if her husband does not give his consent, since the husband has no right to prevent her from Hajjat-al-Islam. However, in the case of the optional – mostahab – Hajj the permission of the husband is required, and he has the right to prevent her if it were to deny him the sexual rights, and if it were not, as a precaution, the same ruling applies.
71. If a woman was observing the divorce waiting period – if she was divorced a raj‘e (Return) divorce – the rulings concerning her with respect to the obligatory and the mostahab Hajj are the same as those of a wife in relation to her husband, since the woman in question is still governed by the rulings of a wife.
72. The obligation of the Hajj upon a woman is not conditional on her being with a mahram – a male from whom she does not wear Hijaab. Of course it is imperative that she travels with a trustworthy individual [group].
Hajj by Vow
73. The Hajj by Vow has prerequisites of: Adolescence, Mind, Freedom, etc. as mentioned in section of Vow in the Jurisprudence texts.
74. If one vowed to visit [the shrine of] Imam Hussain alayhis-salam every year on the day of Arafah, and then he became mostatee’ [in a particular year], his vow is waved in that year and he is obliged to perform the Hajj. This is applicable to any vow one may make before being mostatee’, and then afterwards becoming mostatee’, in cases when he would not be able to meet both requirements, i.e. perform the Hajj and meet the promise of the vow, the vow is waved and he is obliged to perform the Hajj.
75. If he was mostatee’ and made a vow that contravenes the Hajj, his vow is not established and he remains obliged to the Hajj.
76. If one vowed to perform Hajjat-al-Islam in a year, and became mostatee’ in that year too, or vice versa, i.e. he became mostatee’ and then he made that vow, in such a case one Hajj would qualify for him, declaring the niyyah “Hajjat-al-Islam that he vowed”.
71. If a woman was observing the divorce waiting period – if she was divorced a raj‘e (Return) divorce – the rulings concerning her with respect to the obligatory and the mostahab Hajj are the same as those of a wife in relation to her husband, since the woman in question is still governed by the rulings of a wife.
72. The obligation of the Hajj upon a woman is not conditional on her being with a mahram – a male from whom she does not wear Hijaab. Of course it is imperative that she travels with a trustworthy individual [group].
Hajj by Vow
73. The Hajj by Vow has prerequisites of: Adolescence, Mind, Freedom, etc. as mentioned in section of Vow in the Jurisprudence texts.
74. If one vowed to visit [the shrine of] Imam Hussain alayhis-salam every year on the day of Arafah, and then he became mostatee’ [in a particular year], his vow is waved in that year and he is obliged to perform the Hajj. This is applicable to any vow one may make before being mostatee’, and then afterwards becoming mostatee’, in cases when he would not be able to meet both requirements, i.e. perform the Hajj and meet the promise of the vow, the vow is waved and he is obliged to perform the Hajj.
75. If he was mostatee’ and made a vow that contravenes the Hajj, his vow is not established and he remains obliged to the Hajj.
76. If one vowed to perform Hajjat-al-Islam in a year, and became mostatee’ in that year too, or vice versa, i.e. he became mostatee’ and then he made that vow, in such a case one Hajj would qualify for him, declaring the niyyah “Hajjat-al-Islam that he vowed”.