Entering the state of ihram for 'Umrah from the non-sacred area and its evidence
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The first and second questions of Fatwa No. ( 2678 )
Q1: A- If the evidence for those who said that the people of Makkah must go to the nearest point of the non-sacred area in the case of 'Umrah is the command of the Prophet (peace and blessings be upon him) to 'A'ishah and 'Abd al-Rahman , the son of Abu Bakr (may Allah be pleased with them), were 'A'ishah and 'Abd al-Rahman (may Allah be pleased with them) among the people of Makkah such that the going out of the people of Makkah can be analogized to their going out? B- And if this is correct—and on whom is the evidence for its correctness—why did the Prophet (peace and blessings be upon him) shorten his prayer throughout his stay in Makkah for 19 days, as mentioned in the authentic narration? C- And likewise, why did the Prophet (peace and blessings be upon him) command the Muhajireen not to stay
in Makkah for more than three days after the rituals, in the hadith of al-'Ala' ibn al-Hadrami which was narrated by al-Bukhari :, and were not 'Abd al-Rahman and 'A'ishah (may Allah be pleased with them both) among the Muhajireen ?
A1: Yes, the evidence that entering the state of ihram for 'Umrah alone for one who is in the Haram must be from the non-sacred area is his command (peace and blessings be upon him) to 'A'ishah (may Allah be pleased with her) to bring her from al-Tan'im, and for her brother 'Abd al-Rahman (may Allah be pleased with him) to go with her in a state of ihram for her, even though the Prophet (peace and blessings be upon him) never had a choice between two matters except that he chose the easier of them. So if the Haram and the non-sacred area were equal regarding their entering the state of ihram for 'Umrah, he would have commanded her to enter the state of ihram from al-Abtah , where they had stopped, and it is part of the Haram. He would not have made it difficult for her and her brother by commanding them to go to al-Tan'im at night to enter the state of ihram from there. 'A'ishah , nor would he have made it difficult for himself by parting from her at night and being forced to set a meeting time while they were traveling. And his command to her was not because she was among the Muhajireen and not among the people of Makkah , for one who is staying in the buildings of Makkah or in its Abtah, and is not from its people, enters the state of ihram for Hajj from his location, and is not required to go out to the non-sacred area or to the miqat of his land, whether he is from the Muhajireen or a non-Muhajir from outside. And the establishment of entering the state of ihram for 'Umrah alone from the non-sacred area for one who wants to perform 'Umrah from among the people of Makkah or the Haram is not by analogy to what came in the hadith of the 'Umrah of 'A'ishah from al-Tan'im , but this hadith is a general legislation for everyone
who wants to perform 'Umrah while inside the boundaries of the Haram, whether he is in Makkah or outside it, and whether he is a non-Muhajir from the Muhajireen or from others; because the command of the Prophet (peace and blessings be upon him) to one person is like his command to a group, it is a general legislation, unless there is evidence indicating its restriction to that person. And by this you know the answer to part (B) and part (C), for we said: that 'A'ishah and her brother 'Abd al-Rahman (may Allah be pleased with them both) are among the Muhajireen .
Q1: A- If the evidence for those who said that the people of Makkah must go to the nearest point of the non-sacred area in the case of 'Umrah is the command of the Prophet (peace and blessings be upon him) to 'A'ishah and 'Abd al-Rahman , the son of Abu Bakr (may Allah be pleased with them), were 'A'ishah and 'Abd al-Rahman (may Allah be pleased with them) among the people of Makkah such that the going out of the people of Makkah can be analogized to their going out? B- And if this is correct—and on whom is the evidence for its correctness—why did the Prophet (peace and blessings be upon him) shorten his prayer throughout his stay in Makkah for 19 days, as mentioned in the authentic narration? C- And likewise, why did the Prophet (peace and blessings be upon him) command the Muhajireen not to stay
in Makkah for more than three days after the rituals, in the hadith of al-'Ala' ibn al-Hadrami which was narrated by al-Bukhari :
Three for the Muhajireen after the chest
ثلاث للمهاجرين بعد الصدرA1: Yes, the evidence that entering the state of ihram for 'Umrah alone for one who is in the Haram must be from the non-sacred area is his command (peace and blessings be upon him) to 'A'ishah (may Allah be pleased with her) to bring her from al-Tan'im, and for her brother 'Abd al-Rahman (may Allah be pleased with him) to go with her in a state of ihram for her, even though the Prophet (peace and blessings be upon him) never had a choice between two matters except that he chose the easier of them. So if the Haram and the non-sacred area were equal regarding their entering the state of ihram for 'Umrah, he would have commanded her to enter the state of ihram from al-Abtah , where they had stopped, and it is part of the Haram. He would not have made it difficult for her and her brother by commanding them to go to al-Tan'im at night to enter the state of ihram from there. 'A'ishah , nor would he have made it difficult for himself by parting from her at night and being forced to set a meeting time while they were traveling. And his command to her was not because she was among the Muhajireen and not among the people of Makkah , for one who is staying in the buildings of Makkah or in its Abtah, and is not from its people, enters the state of ihram for Hajj from his location, and is not required to go out to the non-sacred area or to the miqat of his land, whether he is from the Muhajireen or a non-Muhajir from outside. And the establishment of entering the state of ihram for 'Umrah alone from the non-sacred area for one who wants to perform 'Umrah from among the people of Makkah or the Haram is not by analogy to what came in the hadith of the 'Umrah of 'A'ishah from al-Tan'im , but this hadith is a general legislation for everyone
who wants to perform 'Umrah while inside the boundaries of the Haram, whether he is in Makkah or outside it, and whether he is a non-Muhajir from the Muhajireen or from others; because the command of the Prophet (peace and blessings be upon him) to one person is like his command to a group, it is a general legislation, unless there is evidence indicating its restriction to that person. And by this you know the answer to part (B) and part (C), for we said: that 'A'ishah and her brother 'Abd al-Rahman (may Allah be pleased with them both) are among the Muhajireen .
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.