Question:
Assalamualaikum SS Mufti, what is the ruling of giving a lift to an old woman in her 60’s who has experienced menopause? Is it considered as a sinful action if it had already happened? Thank you.
Answer:
Waalaikumussalam wrt. wbt.
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
The act of giving a lift to someone on the same transport such as on animal mounts like camel, horse, donkey and other, or modern transportation like motorcycle is also known as الإرداف in Arabic.
In a hadith narrated by Ibn Abbas RA, he said:
أَنَّ النَّبِيَّ صلى الله عليه وسلم أَرْدَفَ الْفَضْلَ
“Allah's Apostle (ﷺ) made al-Fadl sit behind him (on the camel back).”
Sahih al-Bukhari (1685)
It is clear from the above narration on the permissibility for a man to give a lift to another man. Likewise, it is permissible for a woman to ride together with her husband and vice versa. This is in accordance with the hadith narrated by Anas bin Malik RA, he said:
أَقْبَلْنَا مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم مِنْ خَيْبَرَ، وَإِنِّي لَرَدِيفُ أَبِي طَلْحَةَ وَهْوَ يَسِيرُ وَبَعْضُ نِسَاءِ رَسُولِ اللَّهِ صلى الله عليه وسلم رَدِيفُ رَسُولِ اللَّهِ صلى الله عليه وسلم
“We were coming from Khaibar along with Allah's Messenger (ﷺ) while l was riding behind Abu Talha and he was proceeding. While one of the wives of Allah's Messenger (ﷺ) was riding behind Allah's Messenger (ﷺ),”
Sahih al-Bukhari (5968)
Whereas in the issue of rider and passenger who are of opposite genders in the sense that they are neither mahram nor husband and wife, then it is stated in Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah:
وَأَمَّا إِرْدَافُ الْمَرْأَةِ لِلرَّجُل الأْجْنَبِيِّ، وَالرَّجُل لِلْمَرْأَةِ الأْجْنَبِيَّةِ فَهُوَ مَمْنُوعٌ، سَدًّا لِلذَّرَائِعِ، وَاتِّقَاءً لِلشَّهْوَةِ الْمُحَرَّمَةِ
“As for a woman passenger (behind) an ajnabi (non-mahram) man and a man passenger behind an ajnabiyyah woman, then it is prohibited (following the concept) sad al-zarai’ (which means closing the doors that could lead to the prohibited). It is also a preventive measure from prohibited desires.” Refer Al-Mausu’ah al-Kuwaitiyyah (3/91).
However, it is undeniable that there is an opinion which states that it is permissible for a woman to be a passenger to an ajnabi man, who is not her mahram if he is a trustworthy man of good character. This is according to a hadith from Asma’ binti Abu Bar R.Anha, she narrates to al-Zubair in a narration:
وَكُنْتُ أَنْقُلُ النَّوَى مِنْ أَرْضِ الزُّبَيْرِ الَّتِي أَقْطَعَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم عَلَى رَأْسِي وَهْىَ عَلَى ثُلُثَىْ فَرْسَخٍ - قَالَتْ - فَجِئْتُ يَوْمًا وَالنَّوَى عَلَى رَأْسِي فَلَقِيتُ رَسُولَ اللَّهِ صلى الله عليه وسلم وَمَعَهُ نَفَرٌ مِنْ أَصْحَابِهِ فَدَعَانِي ثُمَّ قَالَ " إِخْ إِخْ " لِيَحْمِلَنِي خَلْفَهُ - قَالَتْ - فَاسْتَحْيَيْتُ وَعَرَفْتُ غَيْرَتَكَ فَقَالَ وَاللَّهِ لَحَمْلُكِ النَّوَى عَلَى رَأْسِكِ أَشَدُّ مِنْ رُكُوبِكِ مَعَهُ
“As I was one day carrying the atones of dates upon my head, I happened to meet Allah's Messenger (ﷺ) along with a group of his Companions. He called me and said (to the camel) to sit down so that he should make cite ride behind him. (I told my husband:) I felt shy and remembered your jealousy, whereupon he said: By Allah. the carrying of the stone dates upon your bead is more severe a burden than riding with him.”
Sahih Muslim (2182)
According to the above hadith, Imam al-Nawawi in his commentary of the hadith placed it under the title:
باب جَوَازِ إِرْدَافِ الْمَرْأَةِ الأَجْنَبِيَّةِ إِذَا أَعْيَتْ فِي الطَّرِيقِ
The chapter on the permissibility of giving a ride to an ajnabiyyah woman who are exhausted on the road.
Thus, it is understood that in Fiqh perspective through Imam al-Nawawi’s opinion, it is permissible to give a ride to an ajnabiyyah woman if we found her exhausted (in this case, Asma’ was carrying dates on her head).
Conclusion
To conclude, we would like to state that according to the above discussion and evidences we presented, basically, the ruling of riding on a motorcycle with non-Mahram individual is prohibited. However, if a trustworthy man of good character wants to give a ride to an old lady on the basis of compassion, then in our opinion, it is permissible. This is in addition if there are no desires that may arise nor is there any probability of fitnah that will prohibit the act.
Lastly, may Allah SWT give us the correct understanding in religion. Amin.