The ruling on one who passes by the miqat without entering ihram, then enters ihram from al-Ta'if
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Question : The questioner says: We intended to perform 'Umrah from al-Qasim, and we traveled via al-Madinah. We passed by the miqat but did not enter ihram. Then we went to Jeddah and stayed there for four days. After that, we went to al-Ta'if and entered ihram from there. Is our 'Umrah valid? May Allah reward you with good.
Answer : Yes, their 'Umrah is valid. However, each of them owes a fidyah. I mean a sacrificial animal to be slaughtered in Makkah and distributed to the poor. This is because they left an obligatory act of 'Umrah, which is entering ihram from the miqat. Since they passed by Dhu al-Hulayfah, it became their miqat. Or, because when they passed by Dhu al-Hulayfah, Dhu al-Hulayfah became their miqat.
Because the Prophet (peace and blessings be upon him)Sunan al-Bayhaqi 4:296 or 'Umrah.
It seems they went to al-Sayl because al-Sayl is the miqat for the people of Najd, including the people of al-Qasim. They thought that if they went to al-Sayl, they had reached their original miqat, which would suffice for the secondary miqat, which is Dhu al-Hulayfah. Although some scholars have issued a dispensation (rukhsah) for this, it is a weak opinion that contradicts the apparent meaning of the hadith. The Messenger (peace and blessings be upon him) established the miqats as original and secondary.
The original ones are those defined by the Messenger (peace and blessings be upon him) These are the original miqats for the people of these lands. However, in the hadith of Ibn 'Abbas, he said: Sunan an-Nasa'i 2658Sahih (Darussalam) So the miqat for the people of Najd, if they pass by Dhu al-Hulayfah, is Dhu al-Hulayfah, and it is necessary. Yes.
Answer : Yes, their 'Umrah is valid. However, each of them owes a fidyah. I mean a sacrificial animal to be slaughtered in Makkah and distributed to the poor. This is because they left an obligatory act of 'Umrah, which is entering ihram from the miqat. Since they passed by Dhu al-Hulayfah, it became their miqat. Or, because when they passed by Dhu al-Hulayfah, Dhu al-Hulayfah became their miqat.
Because the Prophet (peace and blessings be upon him)
They are for them, and for whoever comes to them from among those who are not their people, who intends Hajj
قال هن لهن ولمن أتى عليهن من غير أهلهن ممن يريد الحجIt seems they went to al-Sayl because al-Sayl is the miqat for the people of Najd, including the people of al-Qasim. They thought that if they went to al-Sayl, they had reached their original miqat, which would suffice for the secondary miqat, which is Dhu al-Hulayfah. Although some scholars have issued a dispensation (rukhsah) for this, it is a weak opinion that contradicts the apparent meaning of the hadith. The Messenger (peace and blessings be upon him) established the miqats as original and secondary.
The original ones are those defined by the Messenger (peace and blessings be upon him)
For the people of al-Madinah, Dhu al-Hulayfah; for the people of ash-Sham, al-Juhfah; for the people of Yemen, al-Qurayn; for the people of Najd, al-Qurayn; and for the people of the East, Dhat 'Irq
لأهل المدينة الحليفة ولأهل الشام الجحفة ولأهل اليمن الأمم ولأهل نجد قرن منازل ولأهل المشرق ذات عرقand for those who pass by them who are not of their people
ولمن مر عليهن من غير أهلهن
Source
اللقاءات الرمضانية لعام 1411هـ - 3 — binothaimeen.net (45:08)
The Arabic text is a machine transcription of the audio recording.