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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Where do the people of Makkah enter the state of ihram for 'Umrah?

Machine translationRead the Arabic original
The questioner : The questioner says:

The Shaykh : Rather, it is permissible for the people of Makkah to perform 'Umrah from their homes, acting in accordance with the hadith: "They are for them, and for whoever comes to them who is not of their kin, and whoever is below that, his miqat is from where he began, even the people of Makkah from Makkah." This is for whoever intends Hajj and 'Umrah, and it is agreed upon by al-Bukhari and Muslim. Combining this with the hadith of 'A'ishah, that she was not from the people of Makkah, and that she was likewise excused, while others were not in that situation. By this, we have acted in accordance with both hadiths, and this is preferable, as is established in the principles of jurisprudence. Also, the hadith of 'A'ishah is a report of an action, to which many possibilities for the opposite view apply. This questioner answered himself and ruled for himself, but his answer is wrong, because he claimed that the people of Makkah enter ihram from Makkah based on the saying of the Messenger (peace and blessings be upon him)
And those living inside these Mawaqit can assume Ihram from the place where they start; even the people of Mecca can assume Ihram from Mecca.ومن كان دون ذلك فمهله من حيث أنشأ حتى أهل مكة من مكة
Sahih al-Bukhari 1845
However, 'Umrah is excluded from this generality, for it is not possible to enter ihram for it from Makkah. The evidence for this is that when 'A'ishah asked the Prophet (peace and blessings be upon him) to let her perform 'Umrah, he said to her brother 'Abd al-Rahman: "Take your sister out of the Haram and let her declare her intention for 'Umrah." His saying, "Take your sister out of the Haram and let her declare her intention for 'Umrah," is evidence that the Haram is not a miqat for 'Umrah, and that it is not possible for a person to declare his intention for 'Umrah from the Haram, meaning from within the miles. For this reason, he ordered him to go out to al-Tan'īm. If someone says, "The doubt raised by the questioner is that 'A'ishah was not from the people of Makkah," we say to him: The non-local who is not from the people of Makkah, if he is in Makkah, is like the people of Makkah. For this reason, the people of the regions enter ihram for Hajj from Makkah, just as the people of Makkah enter ihram for it from Makkah. This indicates that whoever is in Makkah is equal to its people; his miqat is Makkah if it is for Hajj. So would the brother say that when the Companions who were permitted with the Messenger (peace and blessings be upon him) entered ihram for Hajj, their ihram was from al-Abtah? Is that said? No, no one says that. And the Prophet (peace and blessings be upon him) saw his Companions entering ihram from al-Abtah, and they were not from the people of Makkah. This indicates that whoever is in Makkah, whether from its people or others, enters ihram from it. But as for 'Umrah, there is no miqat for it in the Haram; rather, one must go out to al-Tan'īm. This is the implication of the indication of the two hadiths: the hadith of 'A'ishah and the hadith of Ibn 'Abbas (may Allah be pleased with them both), which the questioner referred to. And just as it is the implication of the two proofs, it is also the implication of analogical reasoning, because 'Umrah is a visit, and a visit requires coming to the one visited. And coming or visiting does not occur unless a person comes from outside the boundaries of the Haram. Therefore, we say to whoever wants to perform 'Umrah: Perform 'Umrah so that you come to the House, for a visit is a coming, so you perform 'Umrah from the non-sacred area in order to come to the sacred precinct in a state of ihram. As for entering ihram from the Haram itself, if the people of the House meet each other, it is not said that one visited the other. So 'Umrah is a visit. If someone says, "Hajj refutes you, for you permit entering ihram from Makkah," we say: But Hajj cannot be completed by circumambulating the House except after going out to the non-sacred area, which is standing at 'Arafah. So the one standing at 'Arafah, after his standing, comes as a visitor to the House to perform the Tawaf of Farewell. And by this, it becomes clear that the implication of the evidence and correct reasoning is that it is not permissible for anyone to enter ihram from his home for 'Umrah, neither the people of Makkah nor others. And that whoever is in Makkah, whether from its people or others, it is permissible for him to enter ihram for Hajj from his home, as indicated by the Sunnah of the Messenger (peace and blessings be upon him).
Source دروس وفتاوى المسجد الحرام لعام 1403هـ - 15 — binothaimeen.net (33:20)

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

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