Entering the state of ihram for 'Umrah from within the Haram
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The first question of Fatwa number ( 5830 )
Q1: Whatis the ruling on one who enters the state of ihram for 'Umrah after Hajj fromKadi? Three women entered the state of ihram for 'Umrah after Hajj fromKadi, which is the base for land pilgrims inJordan, and a man entered the state of ihram with them, as they were in a hurry because the majority of the caravan with them were performing tamattu', except for these three. Due to the approaching departure time, their inability to go to Tan'im, and fear of the severe crowds there, some people exercised independent legal reasoning (ijtihad) that they should enter the state of ihram fromKadiby analogy to the command of the Messenger of Allah (peace and blessings be upon him)to Aishato enter the state of ihram fromal-Tan'īm, and likewise the Messenger of Allah (peace and blessings be upon him) entered the state of ihram for 'Umrah fromal-Ja'ranahand al-Tan'īm ، and al-Ja'ranahand Kadyfrom the non-sacred area, so what is the ruling on entering the state of ihram fromKadiin this case, is their 'Umrah valid?
A1: Those who entered the state of ihram for 'Umrah from Kadi made a mistake; because Kadi is not from the non-sacred area (al-Hal), but rather from the sacred precinct (al-Haram), and it is not like al-Tan'īm , nor al-Ja'ranah ; because both al-Tan'īm and al-Ja'ranah are from the non-sacred area (al-Hal), and the Prophet
(peace and blessings be upon him) performed 'Umrah from al-Ja'ranah , and he did not perform 'Umrah from al-Tan'īm , but rather he commanded 'Abd al-Rahman ibn Abi Bakr to go with his sister 'A'ishah to enter the state of ihram for 'Umrah from al-Tan'īm ; because it is the closest place from the non-sacred area (al-Hal) to the sacred precinct (al-Haram). If entering the state of ihram for 'Umrah within the boundaries of the sacred precinct (al-Haram) had been permissible by the Shari'ah, he would have allowed 'A'ishah to enter the state of ihram from her location in al-Abtah , and would not have burdened her and her brother with going to al-Tan'īm to enter the state of ihram from there for 'Umrah; due to the hardship involved without need, while they were traveling. And the Prophet (peace and blessings be upon him), when given the choice between two matters, would choose the easier of them, as long as it was not a sin. And the analogy of Kadi to al-Tan'īm and al-Ja'ranah regarding the non-sacred area (al-Hal) is incorrect; because entering the state of ihram from the miqat (boundaries) is an act of worship, and their 'Umrah is valid, but each of them owes a sacrificial animal for entering the state of ihram for 'Umrah from the sacred precinct (al-Haram). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Whatis the ruling on one who enters the state of ihram for 'Umrah after Hajj fromKadi? Three women entered the state of ihram for 'Umrah after Hajj fromKadi, which is the base for land pilgrims inJordan, and a man entered the state of ihram with them, as they were in a hurry because the majority of the caravan with them were performing tamattu', except for these three. Due to the approaching departure time, their inability to go to Tan'im, and fear of the severe crowds there, some people exercised independent legal reasoning (ijtihad) that they should enter the state of ihram fromKadiby analogy to the command of the Messenger of Allah (peace and blessings be upon him)to Aishato enter the state of ihram fromal-Tan'īm, and likewise the Messenger of Allah (peace and blessings be upon him) entered the state of ihram for 'Umrah fromal-Ja'ranahand al-Tan'īm ، and al-Ja'ranahand Kadyfrom the non-sacred area, so what is the ruling on entering the state of ihram fromKadiin this case, is their 'Umrah valid?
A1: Those who entered the state of ihram for 'Umrah from Kadi made a mistake; because Kadi is not from the non-sacred area (al-Hal), but rather from the sacred precinct (al-Haram), and it is not like al-Tan'īm , nor al-Ja'ranah ; because both al-Tan'īm and al-Ja'ranah are from the non-sacred area (al-Hal), and the Prophet
(peace and blessings be upon him) performed 'Umrah from al-Ja'ranah , and he did not perform 'Umrah from al-Tan'īm , but rather he commanded 'Abd al-Rahman ibn Abi Bakr to go with his sister 'A'ishah to enter the state of ihram for 'Umrah from al-Tan'īm ; because it is the closest place from the non-sacred area (al-Hal) to the sacred precinct (al-Haram). If entering the state of ihram for 'Umrah within the boundaries of the sacred precinct (al-Haram) had been permissible by the Shari'ah, he would have allowed 'A'ishah to enter the state of ihram from her location in al-Abtah , and would not have burdened her and her brother with going to al-Tan'īm to enter the state of ihram from there for 'Umrah; due to the hardship involved without need, while they were traveling. And the Prophet (peace and blessings be upon him), when given the choice between two matters, would choose the easier of them, as long as it was not a sin. And the analogy of Kadi to al-Tan'īm and al-Ja'ranah regarding the non-sacred area (al-Hal) is incorrect; because entering the state of ihram from the miqat (boundaries) is an act of worship, and their 'Umrah is valid, but each of them owes a sacrificial animal for entering the state of ihram for 'Umrah from the sacred precinct (al-Haram). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.