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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible to enter Makkah without entering the state of ihram for those who are not residents of Makkah?

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The questioner : Is it permissible to enter Makkah without ihram for those who are not residents of Makkah? And if a person enters it without the intention of performing 'Umrah, and then wants to perform 'Umrah, what should he do?

The Shaykh : We say that it is permissible to enter Makkah without ihram for one who has fulfilled the obligatory 'Umrah and Hajj. If you have performed the obligatory act, then Hajj or 'Umrah is not obligatory for you afterwards except by vow. If you vowed to perform Hajj or 'Umrah, you must fulfill the vow; otherwise, the obligation was dropped after the first time. This is based on the saying of the Prophet (peace and blessings be upon him) when he was asked if Hajj is in every year?
He said:
Hajj is obligatory only once in one’s lifetime. Whatever one does over and above this is supererogatory (a voluntary act) for him.الْحَجُّ مَرَّةٌ فَمَا زَادَ فَهُوَ تَطَوُّعٌ
Bulugh al-Maram 720
And the statement of some common people that if you are absent from Makkah for forty days, it becomes obligatory for you not to enter except in a state of ihram, this has no basis. So if you have performed the obligatory 'Umrah and Hajj in the first part of your life, and remained away from Makkah for forty years, then you came to it, it is not obligatory for you to enter ihram for Hajj or 'Umrah unless you wish. However, it is better not to enter except in a state of ihram for Hajj if it is the time of Hajj, or for 'Umrah if it is not the time of Hajj. And whoever enters Makkah while not intending to perform 'Umrah, and then it occurs to him afterwards to perform 'Umrah, and we hold that 'Umrah is prescribed from Makkah, then he goes out to al-Tan'im or to the nearest point of al-Hal other than al-Tan'im, and enters ihram from al-Hal, then he comes and performs tawaf and sa'y, and shaves or shortens his hair, and it becomes an 'Umrah.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 8 - 12 - دروس وفتاوى المسجد الحرام للعام 1406 هـ - الدرس الثامن - الشيخ محمد بن صالح العثيمين — youtube.com (56:06)

The Arabic text is a machine transcription of the audio recording.

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