Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

What is the ruling on a child in the state of ihram for 'Umrah exiting the state of ihram without performing its rites?

Machine translationRead the Arabic original
The questioner : The second part of the question: I entered the state of ihram with a child who was three years old. He fell asleep in Makkah, so we went and completed our 'Umrah. When we returned, it was difficult for us to take him with us, so we dressed him in his clothes and said, "He is a small child." What is required of us?

The Shaykh : That means their release from the prohibitions of ihram, except for what is forbidden. This person is asking, as you heard, about a child. They put him in the state of ihram for 'Umrah. When they arrived in Makkah, they put him to sleep in the house, and they went to perform their 'Umrah. Then, when they returned. Yes. It was difficult for them to go back with the child to perform tawaf with him and sa'y with him. So they released him from his ihram. This is the issue. No, no. There is a difference of opinion among the scholars on this.
So the school of Abu Hanifah (may Allah have mercy on him) is that it is permissible for a child to exit the state of ihram without any reason. And he explained that by saying that the child is not accountable. And there is a hadith from the Prophet (peace and blessings be upon him):
The pen is liftedرفع القلم.
The penالقلم.
From threeعن ثلاثة.
Peace.سلام.
and among themومنهم.
Yes.أها.
The child until he is discerning.الصغير حتى يبدو.
And according to this school, nothing is required of these people. All of them. Or nothing is required of these people.
But the well-known position in the school of the Hanbalis is that the ihram of a child is like the ihram of an adult. And that if his guardian puts him in the state of ihram, the ihram becomes binding upon him. And based on this, it is obligatory for these brothers to remove his clothes now? And to dress him in the izār and the rida'. And to take him to perform tawaf with him and sa'y with him, and to shorten his hair, until his 'Umrah is completed. If they do not do that, they are sinful.
Source دروس وفتاوى المسجد الحرام لعام 1406هـ - 4 — binothaimeen.net (31:25)

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

Flag this fatwa