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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who intended to perform 'Umrah but did not enter the state of ihram from the miqat

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Question:
A person says: He intended to perform 'Umrah, and he was traveling from Riyadh to Jeddah. On the plane, he did not enter the state of ihram because of the suitcase containing his ihram clothes. He went to Makkah, performed tawaf and prayed only, and did not perform 'Umrah. What is the ruling?

Answer:
He owes nothing, if he intended the 'Umrah. If a resident of Makkah enters without the intention of 'Umrah, there is no harm, provided he has performed 'Umrah previously. However, if he has not performed 'Umrah previously, he is required to return to the miqat and enter the state of ihram for 'Umrah. That is, if he intended the 'Umrah but did not enter ihram, he has left an obligatory act; it is necessary to enter ihram. As for if he intended it without entering ihram, and intended the 'Umrah, and he circumambulated and performed sa'y and shortened his hair intending the 'Umrah, then he owes a sacrificial animal for leaving the ihram and the miqat, along with repentance to Allah. As for if he did not intend the 'Umrah, and entered, circumambulated, and performed sa'y without intending the 'Umrah, though he did nothing else, but if he has not performed the 'Umrah of Islam, he is required to perform the 'Umrah of Islam. And as for if he has previously performed the 'Umrah of Islam, praise be to Allah; the one who has performed it for his lifetime is not required to perform another 'Umrah. But if he wants to perform 'Umrah, he enters ihram from the miqat if he wants to perform 'Umrah, due to the saying of the Prophet (peace and blessings be upon him) when he designated the miqat:
They are for them, and for whoever comes to them from among those who are not their relatives, from among those who intend to perform Hajj or 'Umrah. And whoever is below that, he is a relative of his people, even the people of Makkah from Makkah.هن لهن ولمن أتى عليهن من غير أهلهن ممن أراد فجر عمرة، ومن كان دون ذلك فهو خله من أهله، حتى أهل مكة من مكة،
So if he has performed 'Umrah previously, then entered Makkah without intention and circumambulated for worship, there is no harm. But if he intended it from Makkah or from before the miqat, and passed the miqat and went by it without entering ihram, and entered ihram from before the miqat or from Makkah, then he owes a sacrificial animal; because he passed the miqats that the Prophet (peace and blessings be upon him) ordered him to enter ihram from.
Source لقاءات لابن باز - لقاء مفتوح مع الشيخ ابن باز - ٣-٩-١٤١٧ هـ — archive.org (1:17:26)

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

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