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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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I passed the miqat while intending to perform 'Umrah but did not enter ihram. Is it permissible for me to give charity instead of slaughtering, knowing that I am in a hurry and have no one to entrust with the task on my behalf? And is...

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The questioner : May peace be upon you, esteemed Shaykh Muhammad.

The Shaykh : And upon you be peace, and Allah's mercy and blessings.

The questioner : I passed the miqat while intending to perform 'Umrah but did not enter ihram. Is it permissible for me to give charity instead of slaughtering, knowing that I am in a hurry and have no one to entrust with the slaughter on my behalf? And is it sufficient to slaughter outside of Makkah? May Allah reward you with good.

The Shaykh : If a person passes the miqat while intending to perform 'Umrah, whether by land or by air, it is obligatory that he not pass it until he enters ihram. This is because the Prophet (peace and blessings be upon him) designated these miqats and said:
these Mawaqit are for those living at those very places, and besides them for those who come through those places هن لهن ولمن أتى عليهن من غير أهلهن
Sahih al-Bukhari 1529
And Ibn 'Umar reported from the Prophet (peace and blessings be upon him):
The people of Al-Madinah begin their Hil (Ihram) from Dhul-Hulaifah يهل أهل المدينة من ذي الحليفة
Jami` at-Tirmidhi 831Sahih (Darussalam)
The word:
The people of Makkah يهل
is a statement that carries the meaning of a command.
If someone violates this and passes the miqat without entering ihram, it is obligatory upon him, according to the majority of scholars, to slaughter a fidyah in Makkah and distribute it to the poor. This is if his financial situation is comfortable. As for if he is poor, he must repent to Allah, seek His forgiveness, and not return to this act.
As for the questioner's statement: Is food sufficient, or are dirhams sufficient?
We say: No, food is not sufficient, nor are dirhams. As for his statement: Is it sufficient to do so outside of Makkah?
We say: No, because this is an obligation related to the rites of pilgrimage, and the rites of pilgrimage are related to the House. Therefore, the slaughter and distribution must be in Makkah. If this man is in a hurry, he may entrust someone he trusts to slaughter this fidyah. If that is not feasible during this journey, there is no harm in entrusting someone even after he returns to his country, and they can slaughter it for him.
Source alathar.net

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

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