A pilgrim performing Tamattu' entered the state of Ihram from the designated place and time for Ihram, and after performing 'Umrah, he visited the Prophet's Mosque and the grave of the Messenger of Allah (peace and blessings be upon him), and in
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The questioner : A pilgrim performing Tamattu' entered the state of Ihram from the designated place and time for Ihram, and after performing 'Umrah, he visited the Prophet's Mosque and the grave of the noble Messenger of Allah (peace and blessings be upon him). On the return journey between Madinah and Makkah, he passed through Abwa' 'Ali, which is between Madinah and Makkah and is considered the place of Ihram for one leaving Madinah during the days of Ihram. He did not enter the state of Ihram from it, on the grounds that he would enter the state of Ihram from Makkah because he is performing Tamattu'. What is the ruling on his not entering the state of Ihram by passing through Abwa' 'Ali? Does he have to offer a sacrificial animal? It is known that he is performing Tamattu' and will slaughter a sacrificial animal during the days of Tashriq in Mina because he is performing Tamattu'.
The Shaykh : The Messenger of Allah (peace and blessings be upon him) designated the Miqats and said: So if you pass by the Miqat and you intend to perform Hajj or 'Umrah, then it is obligatory for you to enter the state of Ihram from it and not to pass beyond it.
Based on this, what is prescribed for this man is to enter the state of Ihram from Abwa' 'Ali, that is, from Dhul-Hulaifah, when he returned from Madinah, because he was returning from Hajj, so he would be passing by the Miqat while intending to perform Hajj, and thus he is obligated to enter the state of Ihram. If he does not do so, the well-known view among the scholars is that whoever leaves an obligatory act of Hajj must offer a fidyah, which he slaughters in Makkah and distributes to the poor.
The Shaykh : The Messenger of Allah (peace and blessings be upon him) designated the Miqats and said:
For them, and for those who pass by them from among those who are not of their people, who intend to perform Hajj or 'Umrah.
هن لهن ولمن مر عليهم من غير أهلهن ممن يريد الحج أو العمرةBased on this, what is prescribed for this man is to enter the state of Ihram from Abwa' 'Ali, that is, from Dhul-Hulaifah, when he returned from Madinah, because he was returning from Hajj, so he would be passing by the Miqat while intending to perform Hajj, and thus he is obligated to enter the state of Ihram. If he does not do so, the well-known view among the scholars is that whoever leaves an obligatory act of Hajj must offer a fidyah, which he slaughters in Makkah and distributes to the poor.