Fathwa, - Impermissible seclusion (khalwa)& disability

Question:
I have a question on the issue of khalwa (seclusion). I would like to
know if there would be any dispensation on the ruling of khalwa in the
case of a person who has a disability. I suffer from a spinal
deformity which substantially impairs my agility and physical
capabilities. Taking this into account I would like to know if it
would still be haram for me to work with a non-mahram woman in a
shop/store where there may be considerable periods of time when I
would be alone with my non-mahram female colleague. The door of the
shop/store would be shut though unlocked and therefore accessible to
the general public. Please note that the extent of my disability is
such that I am not even capable of overpowering a mature child let
alone and adult female and I therefore honestly feel that I would pose
no physical threat to my non-mahrem colleague. I would however be
working in the same area of the shop/store as my colleague.
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
Firstly, I pray that Allah Most High cures you and all of us from the
physical and spiritual ailments, and that he blesses you with the
quality of Sabr and records great reward in your book of deeds in
return of this disability that you have unfortunately been inflicted
with, Ameen.
As far as your question is concerned, it would be prohibitively
disliked (makruh tahriman) to remain alone (khalwa) in an enclosed
area/shop with a non-Mahram woman, even in your situation.
The meaning of being alone (khalwa) is when a man and a woman who are
not immediate family members (mahram) remain alone in a room or place
in a way that a third person is not easily able to enter upon them, or
it is not usually accessible to others. This also (according to the
scholars) includes a room/area, the door of which is closed, even if
it may not be locked. Yes, if the door remains open, then that would
not, in of itself, be considered Khalwa.
You state that you suffer from a spinal deformity which substantially
impairs your agility and physical capabilities, and that you are
incapable of overpowering an adult woman, but this, however, will not
legitimize remaining in Khalwa.
The reason being is that, the injunctions of Shariah are not based on
their legal wisdoms (hikma), rather on the legal reason (illah). As
such, even if one was sure of not falling into the unlawful, the act
will still remain unlawful.
Yes, if one�s disability has a direct connection with a particular
injunction, such as not being able to stand in prayer, etc, then one
will be permitted to take the dispensation (rukhsa) given by Shariah.
And Allah knows best