The ruling on one who issued a fatwa to enter the state of ihram from Tan'im for one who has passed the miqat
Machine translationRead the Arabic original
Question:
This questioner says: Your Eminence the Shaykh! A man came from outside the country to perform 'Umrah, and he arrived in Makkah without entering the state of ihram. He asked me, and I told him to go to the 'Umrah mosque in Tan'im and enter the state of ihram from there. It became clear to me later that I had made a mistake because I did not inform him about the fidyah (ransom payment), and I did not tell him to enter the state of ihram from the miqat he had passed. What should I do? Should I perform the fidyah on his behalf, or should I perform an 'Umrah from the miqat he reached, or both, or what should I do? Please guide us to the correct course, may you be rewarded, may Allah reward you with good; because I feared that something might enter my liability.
Answer:
If a person comes from any country and his intention is Hajj or 'Umrah, he enters the state of ihram from the miqat of his country, the first miqat he passes. He enters the state of ihram from the miqat that is the miqat for those coming from Egypt, from the Levant, or from the Maghreb; he enters the state of ihram from al-Juhfah, or if he comes via the road to al-Madinah, he enters the state of ihram from the miqat of al-Madinah. If he passes it without entering the state of ihram, and he had intended Hajj and 'Umrah but did not enter the state of ihram except from Makkah or from somewhere along the way, then a sacrificial animal is required of him, a slaughtered animal in Makkah for the poor; because he neglected the obligatory act, which is entering the state of ihram from the miqat. And you made a mistake in your fatwa to him, so you must repent to Allah. It was obligatory for you to tell him to return to his miqat and enter the state of ihram from his miqat. If he did not return, then a sacrificial animal is required of him along with repentance to Allah, Glorified and Exalted is He. As for a person who has no intention of 'Umrah or Hajj, who comes to Makkah with no intention of anything, to visit someone, to visit a relative, or for trade, and he has no Hajj or 'Umrah, if he intends Hajj while he is in Makkah, he enters the state of ihram for Hajj from Makkah, just as the Companions entered the state of ihram from Makkah for Hajj; their miqat was Makkah. Even the people of Makkah enter the state of ihram from Makkah for 'Umrah. If he comes to Makkah for trade or to visit a relative, and he is not intending Hajj or 'Umrah, if he encounters the time of Hajj, he enters the state of ihram for Hajj from Makkah. And if he intends 'Umrah, he goes out to Tan'im, or to 'Arafah, or to al-Ja'ranah, and enters the state of ihram for 'Umrah, just as the Prophet (peace and blessings be upon him) ordered 'A'ishah, when she missed her 'Umrah, to enter the state of ihram from Tan'im, to go out from Makkah. He said: If a person comes from the Levant, or from the Maghreb, or from Riyadh to Makkah for trade or to visit relatives, and he had no intention, he had no intention of Hajj or 'Umrah, and then the time of Hajj catches up with him, and he intends to perform Hajj, he enters the state of ihram from Makkah with the people. Or if he wants to perform 'Umrah and wishes to do so, he goes out to Hajj, to Tan'im, to the mosques of 'A'ishah, to 'Arafah, to al-Ja'ranah, outside the Haram, and enters the state of ihram, and there is no harm, and praise be to Allah. And you must repent and seek forgiveness. If you know him, teach him. If you know him, or if you write to him from afar, teach him that you made a mistake. Yes.
The presenter:
May Allah reward you with good,
This questioner says: Your Eminence the Shaykh! A man came from outside the country to perform 'Umrah, and he arrived in Makkah without entering the state of ihram. He asked me, and I told him to go to the 'Umrah mosque in Tan'im and enter the state of ihram from there. It became clear to me later that I had made a mistake because I did not inform him about the fidyah (ransom payment), and I did not tell him to enter the state of ihram from the miqat he had passed. What should I do? Should I perform the fidyah on his behalf, or should I perform an 'Umrah from the miqat he reached, or both, or what should I do? Please guide us to the correct course, may you be rewarded, may Allah reward you with good; because I feared that something might enter my liability.
Answer:
If a person comes from any country and his intention is Hajj or 'Umrah, he enters the state of ihram from the miqat of his country, the first miqat he passes. He enters the state of ihram from the miqat that is the miqat for those coming from Egypt, from the Levant, or from the Maghreb; he enters the state of ihram from al-Juhfah, or if he comes via the road to al-Madinah, he enters the state of ihram from the miqat of al-Madinah. If he passes it without entering the state of ihram, and he had intended Hajj and 'Umrah but did not enter the state of ihram except from Makkah or from somewhere along the way, then a sacrificial animal is required of him, a slaughtered animal in Makkah for the poor; because he neglected the obligatory act, which is entering the state of ihram from the miqat. And you made a mistake in your fatwa to him, so you must repent to Allah. It was obligatory for you to tell him to return to his miqat and enter the state of ihram from his miqat. If he did not return, then a sacrificial animal is required of him along with repentance to Allah, Glorified and Exalted is He. As for a person who has no intention of 'Umrah or Hajj, who comes to Makkah with no intention of anything, to visit someone, to visit a relative, or for trade, and he has no Hajj or 'Umrah, if he intends Hajj while he is in Makkah, he enters the state of ihram for Hajj from Makkah, just as the Companions entered the state of ihram from Makkah for Hajj; their miqat was Makkah. Even the people of Makkah enter the state of ihram from Makkah for 'Umrah. If he comes to Makkah for trade or to visit a relative, and he is not intending Hajj or 'Umrah, if he encounters the time of Hajj, he enters the state of ihram for Hajj from Makkah. And if he intends 'Umrah, he goes out to Tan'im, or to 'Arafah, or to al-Ja'ranah, and enters the state of ihram for 'Umrah, just as the Prophet (peace and blessings be upon him) ordered 'A'ishah, when she missed her 'Umrah, to enter the state of ihram from Tan'im, to go out from Makkah. He said:
Go out from the Haram,
اخرجي من الحرم،The presenter:
May Allah reward you with good,
Source
فتاوى المسجد الحرام (شعبان ١٤١٧ هـ) - ٣ — archive.org (38:03)
The Arabic text is a machine transcription of the audio recording.
