What is the ruling on one who passes the miqat without entering the state of ihram?
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Question:
This man asks about a person who left his country to seek a livelihood, and after passing the prescribed miqat, he did not enter the state of ihram for 'Umrah.
Answer:
He passed the prescribed miqat without entering the state of ihram for 'Umrah, and then he performed 'Umrah from Jeddah. If he came from his country intending to perform 'Umrah, it is obligatory for him to enter the state of ihram from the miqat. If he passes by it, whether in a car or in the air in an airplane, he enters the state of ihram when he is opposite it. It is permissible for him to pass the miqat only while in the state of ihram if he intends 'Umrah. However, if he came for work and did not intend 'Umrah, but after arriving in Jeddah he decided to perform 'Umrah, then he enters the state of ihram from the place where he formed the intention for 'Umrah, whether in Jeddah or before it, even if it is close to the miles of the Haram. He enters the state of ihram from the place where his intention for 'Umrah was renewed, because that is his miqat. But if he came with the intention from his country and passed the miqat while intending 'Umrah, it is not permissible for him to pass it except while in the state of ihram. If he passes it without being in the state of ihram and enters the state of ihram from a place before it, then a sacrificial animal is due on him, and his 'Umrah is valid, but a sacrificial animal is due on him as compensation for leaving the obligatory act. The sacrificial animal is that he slaughters a sheep and distributes it to the poor of the Haram. There is no harm if a person wants to board an airplane and takes a ghusl in his country or at the airport and prepares himself, even if he wears the clothes of ihram; there is no harm in that. But he does not intend the ihram until he is opposite the miqat. As for merely wearing the clothes of ihram, there is no blame on him for that.
This man asks about a person who left his country to seek a livelihood, and after passing the prescribed miqat, he did not enter the state of ihram for 'Umrah.
Answer:
He passed the prescribed miqat without entering the state of ihram for 'Umrah, and then he performed 'Umrah from Jeddah. If he came from his country intending to perform 'Umrah, it is obligatory for him to enter the state of ihram from the miqat. If he passes by it, whether in a car or in the air in an airplane, he enters the state of ihram when he is opposite it. It is permissible for him to pass the miqat only while in the state of ihram if he intends 'Umrah. However, if he came for work and did not intend 'Umrah, but after arriving in Jeddah he decided to perform 'Umrah, then he enters the state of ihram from the place where he formed the intention for 'Umrah, whether in Jeddah or before it, even if it is close to the miles of the Haram. He enters the state of ihram from the place where his intention for 'Umrah was renewed, because that is his miqat. But if he came with the intention from his country and passed the miqat while intending 'Umrah, it is not permissible for him to pass it except while in the state of ihram. If he passes it without being in the state of ihram and enters the state of ihram from a place before it, then a sacrificial animal is due on him, and his 'Umrah is valid, but a sacrificial animal is due on him as compensation for leaving the obligatory act. The sacrificial animal is that he slaughters a sheep and distributes it to the poor of the Haram. There is no harm if a person wants to board an airplane and takes a ghusl in his country or at the airport and prepares himself, even if he wears the clothes of ihram; there is no harm in that. But he does not intend the ihram until he is opposite the miqat. As for merely wearing the clothes of ihram, there is no blame on him for that.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من تعدى الميقات ولم يحرم؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
