From where do the people of Makkah enter the state of ihram for 'Umrah: from al-Hal or from al-Haram?
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The first question of Fatwa number ( 884 )
Q1: What do the scholars say about the hadith of A'ishah (may Allah be pleased with her) in which she went out to al-Tan'im for 'Umrah, and the hadith of Ibn 'Abbas (may Allah be pleased with them both) in which it is stated: "Even the people of Makkah from Makkah , whoever intends Hajj or 'Umrah"? How do we reconcile the two? Explain to us the correct opinion that conforms to the Book and the Sunnah, and from where do the people of Makkah enter the state of ihram for 'Umrah, from al-Hal or from Makkah al-Mukarramah? As in the hadith of Ibn 'Abbas (may Allah be pleased with them both). End of quote. .
A1 : It is good to mention some narrations of the two hadiths as a preliminary to reconciling them, and to clarify the resulting miqat for entering the state of ihram for 'Umrah alone for the people of Makkah , and those in their position who are inside al-Haram. From Ibn 'Abbas (may Allah be pleased with them both) who said:Sahih Muslim 1181a, narrated by al-Bukhari and Muslim . And from A'ishah (may Allah be pleased with her) who said: Sahih Muslim 1211m narrated by al-Bukhari and Muslim . In another narration from her, she said: . In a narration from her: , and in a narration: , and in a narration by Muslim in his Sahih: . Based on this, it is said: The hadith of Ibn 'Abbas (may Allah be pleased with them both) is general in that the people of Makkah enter the state of ihram from Makkah for Hajj alone, for 'Umrah alone, and for Hajj and 'Umrah combined (qiran). The hadith of A'ishah's exit from al-Haram with her brother 'Abd al-Rahman to enter the state of ihram from al-Tan'im by the command and guidance of the Prophet (peace and blessings be upon him) is specific. The known and established principle among scholars is: when the general and the specific conflict, the general is restricted by the specific. So one acts according to the specific, which here is entering the state of ihram for 'Umrah from al-Tan'im, or other places in al-Hal, and does not act according to the corresponding instances of the general, which here is entering the state of ihram for 'Umrah alone from Makkah, so the meaning of "Even the people of Makkah from Makkah " is: that the people of Makkah enter the state of ihram for Hajj alone or for Hajj and 'Umrah combined, without needing to go out to al-Hal, or to a miqat from the other miqats mentioned in the hadith, to enter the state of ihram from it for that. As for 'Umrah alone, whoever intends to enter the state of ihram for it while in Makkah or within the boundaries of al-Haram must go out to al-Hal, al-Tan'im or elsewhere, to enter the state of ihram for it. This is what the majority of scholars said. Indeed, al-Mahab al-Tabari said: "I do not know of anyone who made Makkah a miqat for 'Umrah." End of quote. Therefore, it is necessary to interpret his statement in the hadith of Ibn 'Abbas (may Allah be pleased with them both): Sahih al-Bukhari 1845 as applying to the one who combines (qarin) and the one who performs Hajj alone (mufrid), but not to the one performing 'Umrah alone.
And this is supported by the fact that the Prophet (peace and blessings be upon him) never had a choice between two matters except that he chose the easier of them, as long as it was not a sin. So if entering the state of ihram for 'Umrah alone from al-Haram had been permitted, he would have chosen it for A'ishah , because it is easier and involves less commitment and burden for him and for A'ishah and her brother. He did not order her to go out to al-Hal or al-Tan'im; to enter the state of ihram from it. Rather, it would have been sufficient for her to go with him (peace and blessings be upon him) when he came to the House to perform the farewell tawaf, while she was in the state of ihram for 'Umrah from al-Abtah. She would then perform tawaf and sa'y for 'Umrah at the time of his (peace and blessings be upon him) farewell tawaf. In that lies the sufficiency to fulfill A'ishah's desire and please her, for she only intended to perform 'Umrah alone without going out to al-Hal, or a specific place in it. But he (peace and blessings be upon him) ordered her to go out to al-Tan'im , so she needed a mahram, and he sent her brother 'Abd al-Rahman with her. And that was at night, when people need rest. The Prophet (peace and blessings be upon him) was compelled to designate a place to meet her after parting. His deviation from entering the state of ihram from al-Haram, which is easier for everyone, to entering the state of ihram from al-Hal, with its hardship and burden that does not exist in the first option, is evidence that entering the state of ihram for 'Umrah from al-Hal, not from al-Haram, is intended and commanded by the Shari'ah for whoever intends to perform 'Umrah alone while in al-Haram. Some scholars hold that although 'Umrah is a recommended practice or obligatory for every Muslim who is accountable and able, it is preferable for one who is in al-Haram to
combine it with Hajj, so he enters the state of ihram combining 'Umrah with Hajj, and does not go out from al-Haram to al-Hal, al-Tan'im or elsewhere, to enter the state of ihram from it for 'Umrah alone; because the Prophet (peace and blessings be upon him) did not permit it except for A'ishah , to please her. And it is not known from the Companions that they went out from al-Haram to enter the state of ihram for 'Umrah from al-Hal. A group of scholars hold: entering the state of ihram for 'Umrah alone from Makkah and the like of it from al-Haram; due to the generality of the hadith of Ibn 'Abbas . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q1: What do the scholars say about the hadith of A'ishah (may Allah be pleased with her) in which she went out to al-Tan'im for 'Umrah, and the hadith of Ibn 'Abbas (may Allah be pleased with them both) in which it is stated: "Even the people of Makkah from Makkah , whoever intends Hajj or 'Umrah"? How do we reconcile the two? Explain to us the correct opinion that conforms to the Book and the Sunnah, and from where do the people of Makkah enter the state of ihram for 'Umrah, from al-Hal or from Makkah al-Mukarramah? As in the hadith of Ibn 'Abbas (may Allah be pleased with them both). End of quote. .
A1 : It is good to mention some narrations of the two hadiths as a preliminary to reconciling them, and to clarify the resulting miqat for entering the state of ihram for 'Umrah alone for the people of Makkah , and those in their position who are inside al-Haram. From Ibn 'Abbas (may Allah be pleased with them both) who said:
the Messenger of Allah (ﷺ) specified Dhu'l-Hulaifa, for the people of Medina; Juhfa for the people of Syria; Qarn al-Manazil, for the people of Najd; Yalamlam for the people of Yemen (the Mawaqit) and those (Mawaqit) are also meant for those who live at these (places) and for those too who come from without towards them for the sake of Hajj or 'Umra. And those who live within them (within the bounds of these places) or in the suburbs of Mecca or within Mecca, they should enter upon the state of Ihram at these very places.
وقت رسول الله صلى الله عليه وسلم لأهل المدينة ذا الحليفة، ولأهل الشام الجحفة، ولأهل نجد قرن المنازل، ولأهل اليمن يلملم، قال: فهن لهن ولمن أتى عليهن من غير أهلهن ممن أراد الحج والعمرة، ومن كان دونهن فمهله من أهله، وكذلك أهل مكة من مكةand 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 فلتهل بالعمرة، ثم لتطف بالبيت، فإني أنتظركما هاهنا، قالت: فخرجنا فأهللت، ثم طفت بالبيت وبالصفا والمروة، فجئنا رسول الله صلى الله عليه وسلم وهو في منزله في جوف الليل، فقال: هل فرغت؟ فقلت: نعم، فأذن في أصحابه بالرحيل، فخرج فمر بالبيت فطاف به قبل صلاة الفجر، ثم خرج إلى المدينةWhen it was the night of al-Husba, I said: "O Messenger of Allah, the people are returning with Hajj and 'Umrah, and I am returning with only Hajj." She said: "So he ordered 'Abd al-Rahman to put me behind him on his camel, then he mentioned her 'Umrah from al-Tan'im."
فلما كانت ليلة الحصبة قلت: يا رسول الله يرجع الناس بحجة وعمرة، وأرجع بحجة، قالت: فأمر عبد الرحمن فأردفني على جمله، ثم ذكر عمرتها من التنعيمThat the Prophet (peace and blessings be upon him) said to her on the day of departure: "Your tawaf suffices for your Hajj and your 'Umrah." But she refused, so he sent her with 'Abd al-Rahman to al-Tan'im, and she performed 'Umrah after Hajj.
أن النبي صلى الله عليه وسلم قال لها يوم النفر: يسعك طوافك لحجك وعمرتك، فأبت، فبعث بها مع عبد الرحمن إلى التنعيم، فاعتمرت بعد الحجYour circumambulation of the House and your walking between al-Safa and al-Marwah suffice for you for your Hajj and your 'Umrah.
يجزئ عنك طوافك بالبيت وبالصفا والمروة عن حجك وعمرتكAnd he (peace and blessings be upon him) was a man of ease; when she desired something, he would follow her in it. So he sent her with 'Abd al-Rahman ibn Abi Bakr, and she entered the state of ihram for an 'Umrah from al-Tan'eem.
وكان صلى الله عليه وسلم رجلاً سهلاً، إذا هويَتْ الشيء تابعها عليه، فأرسلها مع عبد الرحمن بن أبي بكر فأهلت بعمرة من التنعيمeven the people of Mecca can assume Ihram from Mecca
حتى أهل مكة من مكةAnd this is supported by the fact that the Prophet (peace and blessings be upon him) never had a choice between two matters except that he chose the easier of them, as long as it was not a sin. So if entering the state of ihram for 'Umrah alone from al-Haram had been permitted, he would have chosen it for A'ishah , because it is easier and involves less commitment and burden for him and for A'ishah and her brother. He did not order her to go out to al-Hal or al-Tan'im; to enter the state of ihram from it. Rather, it would have been sufficient for her to go with him (peace and blessings be upon him) when he came to the House to perform the farewell tawaf, while she was in the state of ihram for 'Umrah from al-Abtah. She would then perform tawaf and sa'y for 'Umrah at the time of his (peace and blessings be upon him) farewell tawaf. In that lies the sufficiency to fulfill A'ishah's desire and please her, for she only intended to perform 'Umrah alone without going out to al-Hal, or a specific place in it. But he (peace and blessings be upon him) ordered her to go out to al-Tan'im , so she needed a mahram, and he sent her brother 'Abd al-Rahman with her. And that was at night, when people need rest. The Prophet (peace and blessings be upon him) was compelled to designate a place to meet her after parting. His deviation from entering the state of ihram from al-Haram, which is easier for everyone, to entering the state of ihram from al-Hal, with its hardship and burden that does not exist in the first option, is evidence that entering the state of ihram for 'Umrah from al-Hal, not from al-Haram, is intended and commanded by the Shari'ah for whoever intends to perform 'Umrah alone while in al-Haram. Some scholars hold that although 'Umrah is a recommended practice or obligatory for every Muslim who is accountable and able, it is preferable for one who is in al-Haram to
combine it with Hajj, so he enters the state of ihram combining 'Umrah with Hajj, and does not go out from al-Haram to al-Hal, al-Tan'im or elsewhere, to enter the state of ihram from it for 'Umrah alone; because the Prophet (peace and blessings be upon him) did not permit it except for A'ishah , to please her. And it is not known from the Companions that they went out from al-Haram to enter the state of ihram for 'Umrah from al-Hal. A group of scholars hold: entering the state of ihram for 'Umrah alone from Makkah and the like of it from al-Haram; due to the generality of the hadith of Ibn 'Abbas . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.