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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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I am an employee in one of the government departments, and I have applied for an emergency leave to come perform the 'Umrah and then i'tikaf (spiritual retreat in the mosque) or stay in the vicinity of the mosque.

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The questioner : The questioner says: I am an employee in one of the government departments, and I have applied for an emergency leave to come perform the 'Umrah and then i'tikaf (spiritual retreat in the mosque) or stay in the vicinity of the mosque. I made the request to my direct supervisor, and he approved it. I have rented a place near al-Masjid al-Haram and brought my children and family with me, and I asked the rest of them to come. We heard from your eminence yesterday that this is not permissible. So, if I have done this, will I be in the state of one who is compelled, since it is difficult to cancel the lease, and we have already paid its value to the property owner? Please give us a ruling, and may Allah reward you with good.

The Shaykh : Allahu Akbar. The One who has a desire knows how to find a way out. We spoke yesterday about the fact that emergency leave, on the surface of its wording, implies that the employee must be compelled to take it. 'Umrah is not a necessity, and i'tikaf (spiritual retreat in the mosque) is not a necessity. But this man now, who may be ignorant of the matter, has come to Makkah and rented a place near the Haram. It is generally the case that the rent for a place near the Haram is high. He has some of his family with him, and the rest are coming. Can we not say that his staying here has become a necessity? The initial request was not necessary, but the end result is that it has become necessary, because if he returns now, he will suffer a loss, and he will deprive the rest of his family, who may have been looking forward to and longing for the 'Umrah. Also, how much time is left until the end of his work? Three days or two days. And if he goes and returns to his work, it may not be productive because his chest is tight and his mood is depressed. So, can we say to this man in such a situation: Perhaps Allah will forgive you, so stay here and do not return to such a thing in the future? By Allah, I would like it to be as Ibrahim (peace be upon him) said:
and whoever disobeys me - indeed, You are [yet] Forgiving and Merciful. ومن عصاني فإنك غفور رحيم
[Ibrahim 14:36]
I lean toward the view that in such a situation, his state is one of dire necessity, especially since only two or three days remain of the leave, and especially since he will suffer a financial loss, meaning his money will be wasted, and he will deprive his family, who do not have government jobs, of this benefit. So I lean toward the view that this is a state of dire necessity, but it is a sudden dire necessity. Since he came while ignorant of the ruling, he is excused. So I lean toward the view that this is a state of dire necessity, and there is nothing wrong with him staying, but he should not return to such a thing. We ask Allah to forgive us and him, and to accept from us and from him.
Source alathar.net

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

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