It is obligatory to enter the state of ihram from the miqat for one who intends Hajj and 'Umrah
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Question 5 from Fatwa No. ( 2191 )
Q5: If a traveling employee goes from Tabuk to Makkah al-Mukarramah for official work, and his work requires him to enter Makkah without entering the state of ihram, and he returns to Jeddah for a short period, enters the state of ihram from Jeddah , and returns to Makkah to perform 'Umrah, what is your opinion on that? Is his 'Umrah valid or not?
A5: If one passes by any of the miqats established from the Messenger of Allah (peace and blessings be upon him), or passes by them by air, land, or sea, while intending Hajj or 'Umrah, it is obligatory for him to enter the state of ihram. If he does not intend Hajj or 'Umrah, it is not obligatory for him to enter the state of ihram. If he passes them without intending Hajj or 'Umrah, and then initiates Hajj or 'Umrah from Makkah or Jeddah , he enters the state of ihram for Hajj from where he initiated it, from Makkah or Jeddah , for example. As for 'Umrah, if he initiates it outside the Haram , he enters the state of ihram from where he initiated it. If he initiates it from inside the Haram , he must go out to the nearest point of the permissible area (Hill) and enter the state of ihram from there for 'Umrah. This is the principle in this matter. As for this person about whom the question was asked, if he initiated the 'Umrah from Jeddah and did not intend it when he passed the miqat, his 'Umrah is valid and he owes nothing. The basis for this is the hadith of Ibn 'Abbas (may Allah be pleased with him), who said:Sahih al-Bukhari 1526 Agreed upon. And from 'A'ishah (may Allah be pleased with her), she said: Sahih Muslim 1211m Agreed upon. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q5: If a traveling employee goes from Tabuk to Makkah al-Mukarramah for official work, and his work requires him to enter Makkah without entering the state of ihram, and he returns to Jeddah for a short period, enters the state of ihram from Jeddah , and returns to Makkah to perform 'Umrah, what is your opinion on that? Is his 'Umrah valid or not?
A5: If one passes by any of the miqats established from the Messenger of Allah (peace and blessings be upon him), or passes by them by air, land, or sea, while intending Hajj or 'Umrah, it is obligatory for him to enter the state of ihram. If he does not intend Hajj or 'Umrah, it is not obligatory for him to enter the state of ihram. If he passes them without intending Hajj or 'Umrah, and then initiates Hajj or 'Umrah from Makkah or Jeddah , he enters the state of ihram for Hajj from where he initiated it, from Makkah or Jeddah , for example. As for 'Umrah, if he initiates it outside the Haram , he enters the state of ihram from where he initiated it. If he initiates it from inside the Haram , he must go out to the nearest point of the permissible area (Hill) and enter the state of ihram from there for 'Umrah. This is the principle in this matter. As for this person about whom the question was asked, if he initiated the 'Umrah from Jeddah and did not intend it when he passed the miqat, his 'Umrah is valid and he owes nothing. The basis for this is the hadith of Ibn 'Abbas (may Allah be pleased with him), who said:
Allah's Messenger (ﷺ) had fixed Dhul Hulaifa as the Miqat for the people of Medina; Al-Juhfa for the people of Sham; and Qarn Ul-Manazil for the people of Najd; and Yalamlam for the people of Yemen. So, these (above mentioned) are the Mawaqit for all those living at those places, and besides them for those who come through those places with the intention of performing Hajj and `Umra and whoever lives within these places should assume Ihram from his dwelling place, and similarly the people of Mecca can assume lhram from Mecca.
وقت رسول الله صلى الله عليه وسلم لأهل المدينة ذا الحليفة، ولأهل الشام الجحفة، ولأهل نجد قرن المنازل، ولأهل اليمن يلملم، قال: هن لهن ولمن أتى عليهن من غير أهلهن لمن كان يريد الحج والعمرة، فمن كان دونهن فمهله من أهله وكذلك أهل مكة يهلون منهاand the Messenger of Allah (ﷺ) encamped at Muhassab and called, Abd al-Rahman b. Abu Bakr. and said: Take out your sister from the precincts of the Ka'ba in order to put on Ihram for Umra and circumambulate the House. and I shall wait for you here. She said: So I went out and put on Ihram and then circumambulated the House, and (ran) between al-Safa and al-Marwa, and then we came to the Messenger of Allah (ﷺ) and he was in his house in the middle of the night. He said: Have you completed your (rituals)? I said: Yes. He then announced to his Companions to march on. He came out, and went to the House and circumambulated it before the dawn prayer and then proceeded to Medina.
نزل رسول الله صلى الله عليه وسلم المحصب فدعا عبد الرحمن بن أبي بكر فقال: اخرج بأختك من الحرم فتهل بعمرة ثم لتطف بالبيت، فإني أنتظركما هاهنا، قالت: فخرجنا فأهللت ثم طفت بالبيت وبالصفا والمروة، فجئنا رسول الله وهو في منزله في جوف الليل فقال: هل فرغت؟ قلت: نعم، فأذن في أصحابه بالرحيل، فخرج فمر بالبيت فطاف به قبل صلاة الصبح ثم خرج إلى المدينة
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.