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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on performing 'Umrah from al-Tan'eem, and is it permissible for me to perform 'Umrah on behalf of my grandfather?

Machine translationRead the Arabic original
The questioner : First of all, the issue of entering the state of ihram from al-Tan'eem.

The Shaykh : Excuse me, what issue?

The questioner : Entering the state of ihram from al-Tan'eem. I went, praise be to Allah the Mighty and Majestic, to Saudi Arabia to perform the rites of 'Umrah. Naturally, this was my first 'Umrah, so I entered the state of ihram from Abqai' alif, praise be to Allah. Then I wanted to perform 'Umrah on behalf of my deceased grandfather, so I entered the state of ihram from al-Tan'eem. I took a bath, then I put on the clothes of ihram. One of the brothers told me that this is not permissible, so immediately I took off the clothes of ihram after hesitating. Then I met one of the noble scholars in whom you have good opinion. He advised me, or told me, or issued a fatwa that I should go to the Haram and put on the clothes of ihram and complete the journey of 'Umrah. What do you say about this fatwa? May Allah reward you with good.

The Shaykh : I say that there is no basis in the Sunnah for performing 'Umrah from al-Tan'eem, from the mosque named after Aisha's Mosque. May Allah reward you with good and make you prosper.
Abu Layla : May Allah bless you, and you as well, our Shaykh.

The Shaykh : First, there is no basis in the Sunnah for what you mentioned, that a Muslim who is a non-resident, coming from beyond the miqats, enters the state of ihram from Aisha's Mosque or from al-Tan'eem. That is the first point. Then, there is nothing in the Sunnah that encourages or motivates the person performing 'Umrah to frequent 'Umrah while residing in Makkah. Everything that has occurred regarding performing 'Umrah from al-Tan'eem is the story of Aisha, and I think you know her story, and you must know the reason for which the Prophet (peace and blessings be upon him and his family) permitted the Lady Aisha to enter the state of ihram from al-Tan'eem. Based on that, we say that combining this hadith with the general life that the pilgrims and those performing 'Umrah lived, in that they did not do what Aisha did, meaning they performed Hajj and finished, and then went and performed 'Umrah from al-Tan'eem, or performed 'Umrah in Ramadan or other months, going and coming as some do, this is undoubtedly included in two of the principles of the Sunnah. The first principle is
every newly-invented thing is an innovation and every innovation is going astray, and every going astray is in the Fire كل محدثة بدعة وكل بدعة ضلاله وكل ضلالة فالنار
Sunan an-Nasa'i 1578Sahih (Darussalam)
and this is supported by the hadiths
Beware of newly invented matters إياكم ومحدثات الأمور
etc.
The second principle is his saying (peace and blessings be upon him), supporting the text of the Qur'an:
O People of the Scripture, do not commit excess in your religion or say about Allah except the truth. ياأهل الكتاب لا تغلوا في دينكم ولا تقولوا على الله إلا الحق
[An-Nisa 4:171]
, he said (peace and blessings be upon him):
Beware of exaggeration in religion, for indeed those before you were destroyed by their exaggeration in their religion إياكم والغلو في الدين فإنما أهلك الذين من قبلكم غلوهم في دينهم
. So making al-Tan'eem a source and a place for preparing for 'Umrah, this was not the custom of the righteous Salaf, but it occurred in the incident of the Lady Aisha. So we say, first, this incident occurred due to an excuse, the onset of menstruation for Aisha before her entry into Makkah, and I think you also remember this?

The questioner : Yes.

The Shaykh : Good, and from what you remember of what I mentioned earlier, it is necessary now to remind you of this: when the Messenger (peace be upon him) announced the return to Madinah after they finished the farewell circumambulation, he entered upon Aisha and found her crying. "What is wrong with you?" She said, "Why do the people return with Hajj and 'Umrah, while I return with only Hajj without 'Umrah?" Knowing that she had intended, like the people of the Prophet's household, all the women of the Prophet, to perform both Hajj and 'Umrah. But when menstruation overtook her while they were at Saraf, a place near Makkah, he entered upon her at that time and found her crying
What is wrong with you? Have you menstruated? ما لك؟ أنفستي ؟
. She said: Yes, O Messenger of Allah.
He said:
This is a matter that Allah has decreed for the daughters of Adam. Do what the pilgrim does, except do not circumambulate and do not pray. هذا أمر كتبه الله على بنات آدم فاصنعي ما يصنع الحاج غير ألا تطوفي ولا تصلي
. So she was unable to perform the 'Umrah of Hajj due to the menstruation that overtook her. When he entered upon her for the second time, when they were preparing to depart, and she said that word, and the Prophet was merciful to his family and compassionate, and he always fulfilled the wishes of his wives as long as it was not in disobedience, and this is part of the etiquette that the Messenger (peace be upon him) presented to married men regarding women, so he took pity on her and ordered her brother 'Abd al-Rahman ibn Abi Bakr al-Siddiq to ride behind him and take her out to al-Tan'eem, and she would take her 'Umrah from there. So we say, this is the 'Umrah of the menstruating woman. And since, praise be to our Lord, He has blessed the men and they do not menstruate, to use the most accurate expression, the men have no share in this type of 'Umrah. Likewise, the women who are in a state of purity, who have not been afflicted with what prevents them from 'Umrah, have no share in this 'Umrah. Whoever is afflicted with what was afflicted upon Aisha, she has the right to go out to al-Tan'eem after Hajj and perform the missed 'Umrah. This is like making up for a worship, whether it is obligatory or voluntary. So this is a legislation for whom? For whom there is a makeup, and a prescribed makeup, because there are two types of makeup: a prescribed makeup like this, and like a man, as he (peace and blessings be upon him) said:
Whoever forgets a prayer or sleeps through it, let him pray it when he remembers it. There is no expiation for it except that. من نسي صلاة أو نام عنها فليصلها حين يذكرها لا كفارة لها إلا ذلك
, and a non-prescribed makeup. One who left prayers, may Allah be pleased with him, in the first days of his Islam, his faith, his reaching the age of accountability, then he repented, and Allah accepted his repentance. Now, what does he make up? Not what he missed, but what he missed by his own hand. This has no counterpart in its makeup.

The questioner : Our Shaykh, in response to the end of the first issue, the issue of entering the state of ihram from al-Tan'eem is not permissible except for the menstruating woman only, and the evidence for that is the story of our Lady Aisha (may Allah be pleased with her), and anything other than that is a religious innovation.

The Shaykh : Yes, exactly.

The questioner : Do you allow me another question?

The Shaykh : Please go ahead.

Another questioner : In the question itself, Abu Khalid's question is that he wanted to perform 'Umrah on behalf of his grandfather.

The Shaykh : If you want, and you must, to perform 'Umrah on behalf of your grandfather, this is a good point of attention, and you forgot it like I did. If you want to perform 'Umrah on behalf of your grandfather and your circumstances do not help you to cross the borders of your country again for one circumstance or another, then you must return to your miqat, meaning al-Dhul Hulaifah and Abqai' alif, yes, and from there you enter the state of ihram for your grandfather. As for the cheap ihram, these are steps between the Sacred Mosque and the Mosque of al-Tan'eem, no.

The questioner : On behalf of his grandfather, is it permissible to perform 'Umrah? Is it permissible to perform 'Umrah on behalf of his grandfather?

The Shaykh : If it is voluntary, then no. And if it is executing his bequest to you, then yes. But if it is your father or your mother, then in any case it is permissible.

The questioner : It is not my grandfather, it is my grandfather's grandfather.

The Shaykh : And the matter will reach our first grandfather Adam.

The Shaykh : Good, what is your second question?

The questioner : May Allah do you good, but let me comment so that I can catch up with things in my mind. If it is not permissible for me to perform 'Umrah on behalf of my grandfather unless he bequeathed it to me.

The Shaykh : Yes, if Allah wills.

Another questioner : In his question, he entered the state of ihram, and then the brother told him that this 'Umrah is not permissible, and the other man who issued the fatwa told him to complete your 'Umrah. In this case, he cuts off this 'Umrah and he owes nothing.

The Shaykh : He cuts it off because it is not originally based on the Shari'ah
And complete the Hajj and 'umrah for Allah و أتموا الحج والعمرة لله
[Al-Baqarah 2:196]
, meaning the prescribed one.
Source www.al-albany.com

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

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