Some Muslims who performed Hajj this year told us that the Committee of Senior Scholars issued a fatwa preventing bus drivers and guides from performing Hajj. They set up patrols after Meeqaat Thul-Hulayfah (Abyaar ‘Ali) and forced them to wear form-fitting clothes. Please, explain the wisdom behind this action, knowing that the drivers came from other countries.

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Those scholars, may Allaah preserve them and Grant them success, did not issue this fatwa out of whim, since thinking well of scholars is a Sharee‘ah obligation. If what you mentioned is true, scholars might have issued this fatwa based on the fact that it is not permissible to disobey the Muslim governors or violate the laws they introduced to achieve the Muslims’ interests. Perhaps the drivers would neglect their job duties due to their occupation with the performance of the Hajj rituals. Also, giving a general fatwa permitting them to perform Hajj without permission of the Muslim governors might lead to neglecting and breaking the laws, and accordingly, they gave such a fatwa.

Our opinion, however, is contrary to the fatwa they issued. That is because those drivers carried out the rituals and there was no violation of a Sharee‘ah rule due to the overcrowding, particularly if they wanted to perform the obligatory Hajj. Thus, they should not be prevented from Hajj because it becomes an immediate obligation once they can afford it without harm. Additionally, their work does not involve violation of a Sharee‘ah rule; rather, it is ordained by Allaah The Almighty. Allaah The Almighty Says (what means): {There is no blame upon you for seeking bounty from your Lord.} [Quran 2:198] i.e. during the season of Hajj.

The issue becomes more flexible in the voluntary Hajj, and it would be preferable if they did not perform it to keep away from the difference between scholars who prevented it and to alleviate the harmful consequences resulting from their performance of the Hajj rituals. Here we draw your attention to the fact that the Muslim who assumed Ihraam for Hajj cannot end it; he remains in the state of Ihraam until he finishes his rituals unless he is prevented. If prevented, he would end his Ihraam by slaughtering a Hady. If he could not afford a Hady, he should fast ten days. The Muslim who assumed Ihraam and was forced to wear form-fitting clothes, this would not end his Ihraam. He can wear them and offer the expiation mentioned in the verse in which Allaah The Almighty Says (what means): {And whoever among you is ill or has an ailment of the head [making shaving necessary must offer] a ransom of fasting [three days] or charity or sacrifice.} [Quran 2:196] He is required to fast three days or feed six needy people each with a half Saa’ or slaughter a sheep. By doing so, his Hajj will be valid.

Allaah Knows best.