What is the ruling on entering Makkah without entering the state of ihram for one who has performed the obligatory pilgrimage?
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The Shaykh : The questioner asks: Is it permissible for someone who is not a resident of Makkah to enter Makkah without entering the state of ihram? And if a person enters without the intention of performing 'Umrah, then wants to perform 'Umrah, what should he do? We say: It is permissible to enter Makkah without entering the state of ihram for one who has fulfilled the obligatory 'Umrah and Hajj. So if you have performed the obligatory act, it is not obligatory for you to perform Hajj or 'Umrah afterwards except by vow. If you vow to perform Hajj or 'Umrah, it is obligatory for you to fulfill the vow. Otherwise, the obligation is lifted after the first time. This is based on the saying of the Prophet (peace and blessings be upon him) when he was asked: "Is Hajj every year?" He said: Bulugh al-Maram 720.
And the statement of some common people that if you are absent from Makkah for forty days, it is obligatory for you not to enter except in the state of ihram, this has no basis. So if you have fulfilled the obligation of 'Umrah and Hajj in the early part of your life, and you remained away from Makkah for forty years, then you came to it, it is not obligatory for you to enter the state of ihram for Hajj or 'Umrah unless you wish. However, it is better not to enter except in the state of ihram for Hajj if it is the time of Hajj, or for 'Umrah if it is not the time of Hajj. And whoever enters Makkah without intending to perform 'Umrah, then afterwards decides to perform 'Umrah, and we hold that 'Umrah is prescribed from Makkah, he goes out to al-Tan'im or to the nearest point of al-Hal other than al-Tan'im, and enters the state of ihram from al-Hal, then comes and performs tawaf and sa'y, and shaves or shortens his hair, and it becomes an 'Umrah. And we ask: A man came to the Noble Makkah for 'Umrah, and stayed for three days, then wanted to travel before the 'Asr prayer. Is it permissible for him to combine 'Asr with Zuhr, and does he break his fast or not?
Hajj is obligatory only once in one’s lifetime. Whatever one does over and above this is supererogatory (a voluntary act) for him.
الحج مرة، فما زاد فهو تطوعAnd the statement of some common people that if you are absent from Makkah for forty days, it is obligatory for you not to enter except in the state of ihram, this has no basis. So if you have fulfilled the obligation of 'Umrah and Hajj in the early part of your life, and you remained away from Makkah for forty years, then you came to it, it is not obligatory for you to enter the state of ihram for Hajj or 'Umrah unless you wish. However, it is better not to enter except in the state of ihram for Hajj if it is the time of Hajj, or for 'Umrah if it is not the time of Hajj. And whoever enters Makkah without intending to perform 'Umrah, then afterwards decides to perform 'Umrah, and we hold that 'Umrah is prescribed from Makkah, he goes out to al-Tan'im or to the nearest point of al-Hal other than al-Tan'im, and enters the state of ihram from al-Hal, then comes and performs tawaf and sa'y, and shaves or shortens his hair, and it becomes an 'Umrah. And we ask: A man came to the Noble Makkah for 'Umrah, and stayed for three days, then wanted to travel before the 'Asr prayer. Is it permissible for him to combine 'Asr with Zuhr, and does he break his fast or not?
Source
دروس وفتاوى المسجد الحرام لعام 1406هـ - 8 — binothaimeen.net (56:05)
The Arabic text is a machine transcription of the audio recording.