Ihram from the Miqat
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The first question of Fatwa No. ( 14638 )
Q1: I left my house on Monday, corresponding to 27/11/1411 AH, heading to Jeddah to meet my father and mother, who were coming from Egypt for Hajj this year, 1411 AH, and at the same time to perform Hajj on behalf of my late father-in-law, since I had already performed the Hajj of Islam and intended to perform it as a tamattu' Hajj due to the length of the period I would stay in Makkah . I boarded the bus heading to Jeddah , and I intended to enter the state of ihram from the miqat named Yalamlam , which is the miqat of the people of Yemen and the south. Drowsiness overcame me, and the driver did not stop at the miqat; I did not wake up from my sleep until we had passed the miqat. So I entered Jeddah without being in ihram , met my father and mother, and went with them to Makkah . I stayed for about a week in Makkah without being in ihram or doing any of the rites of Hajj. I asked one of the shaykhs in the Makkah Haram , and he answered me that as long as I had not entered ihram up to the time of my question, it is obligatory for me to return to the miqat and enter ihram from there, and there is no
obligation upon me. However, if I had entered Ihram, I would still owe a sacrificial animal (dam) for not entering Ihram from the Miqat. I inquired of another Shaykh, and he told me: "Religion is ease, not hardship. You should go outside Makkah , spend the night outside it, and enter Ihram from any Miqat, let it be at-Tan'im ." I read in the books that at-Tan'im is for 'Umrah only. Some people told me that what applies to the residents of Makkah applies to me, since I stayed there for more than a week, which is entering Ihram from my residence in Makkah . In fact, I entered Ihram on the seventh of Dhul-Hijjah as an Ifrad pilgrim, and I completed all the rites. What is my obligation regarding this? Please inform me, may Allah reward you, as some Shaykhs have issued a ruling that I must offer a sacrificial animal?
A1 : It is obligatory for you to offer a fidyah (expiation) for passing the Miqat without entering Ihram. The fidyah is a sheep that is acceptable as an 'Id sacrifice, to be slaughtered in Makkah and distributed to the poor of the Haram . If you do not find one, fast for ten days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: I left my house on Monday, corresponding to 27/11/1411 AH, heading to Jeddah to meet my father and mother, who were coming from Egypt for Hajj this year, 1411 AH, and at the same time to perform Hajj on behalf of my late father-in-law, since I had already performed the Hajj of Islam and intended to perform it as a tamattu' Hajj due to the length of the period I would stay in Makkah . I boarded the bus heading to Jeddah , and I intended to enter the state of ihram from the miqat named Yalamlam , which is the miqat of the people of Yemen and the south. Drowsiness overcame me, and the driver did not stop at the miqat; I did not wake up from my sleep until we had passed the miqat. So I entered Jeddah without being in ihram , met my father and mother, and went with them to Makkah . I stayed for about a week in Makkah without being in ihram or doing any of the rites of Hajj. I asked one of the shaykhs in the Makkah Haram , and he answered me that as long as I had not entered ihram up to the time of my question, it is obligatory for me to return to the miqat and enter ihram from there, and there is no
obligation upon me. However, if I had entered Ihram, I would still owe a sacrificial animal (dam) for not entering Ihram from the Miqat. I inquired of another Shaykh, and he told me: "Religion is ease, not hardship. You should go outside Makkah , spend the night outside it, and enter Ihram from any Miqat, let it be at-Tan'im ." I read in the books that at-Tan'im is for 'Umrah only. Some people told me that what applies to the residents of Makkah applies to me, since I stayed there for more than a week, which is entering Ihram from my residence in Makkah . In fact, I entered Ihram on the seventh of Dhul-Hijjah as an Ifrad pilgrim, and I completed all the rites. What is my obligation regarding this? Please inform me, may Allah reward you, as some Shaykhs have issued a ruling that I must offer a sacrificial animal?
A1 : It is obligatory for you to offer a fidyah (expiation) for passing the Miqat without entering Ihram. The fidyah is a sheep that is acceptable as an 'Id sacrifice, to be slaughtered in Makkah and distributed to the poor of the Haram . If you do not find one, fast for ten days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.