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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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We left Dammam with the intention of performing 'Umrah

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The questioner : May Allah reward the honorableThe Shaykh : We left Dammam with the intention of performing 'Umrah, so we passed through al-Qasim, then al-Madinah, and then we passed the miqat without entering ihram. This was because we intended to stay in Ta'if for five days. After that, we would go to the miqat, which is al-Sayl. So we went and entered ihram from al-Sayl, descended to Makkah, and performed 'Umrah. What is the ruling on our action? Do we owe a fidyah or not? We were unaware at the time that it is not permissible to pass the miqat without entering ihram?

The Shaykh : Yes. We ask: Did these brothers intend to go to Ta'if, or did they intend to go for 'Umrah? If their intention was to go to Ta'if, that means they passed al-Madinah on their way to Ta'if, not to Makkah, so they enter ihram from al-Sayl. But if they only intended 'Umrah, it is obligatory for them to enter ihram from Dhu al-Hulayfah, which is called Abwar 'Ali. If they delayed entering ihram until Ta'if, then according to the scholars, a fidyah is due on each person for neglecting the obligatory act of entering ihram, except for one who is unable to do so, for Allah the Exalted says:
Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him. Allah does not charge a soul except لِيُنْفِقْ ذُو سَعَةٍ مِنْ سَعَتِهِ وَمَنْ قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنْفِقْ مِمَّا آتَاهُ اللَّهُ لا يُكَلِّفُ اللَّهُ نَفْساً إِلَّا وُسْعَهَا
[At-Talaq 65:7]
. So one who is not able to slaughter the fidyah owes nothing. Yes.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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