We performed the obligatory Hajj last year, and we were supposed to enter the state of ihram from Abi Qar Ali, but we were unable to do so and entered ihram from Makkah. What is the ruling?
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The questioner : We performed the obligatory Hajj last year, and we were supposed to enter the state of ihram from Abi Qar Ali, but we were unable to do so and entered ihram from Makkah. What is the ruling in this matter, knowing that I performed the obligation with my wife, and my brother with his wife? If there is a ruling, do I perform it on behalf of my brother and myself, or does he perform it on behalf of himself and his wife, knowing that he is not present in the Kingdom? Please inform us, and may Allah reward you with good.
The Shaykh : Entering the state of ihram from the miqat is obligatory for one who intends Hajj or 'Umrah, because the Prophet (peace and blessings be upon him) said, in what is authentic from him from the hadith of Ibn 'Umar (may Allah be pleased with them both):Jami` at-Tirmidhi 831Sahih (Darussalam) And the rest of the hadith was mentioned. This report is a report in the sense of a command. And in the two Sahihs, from the hadith of Ibn 'Abbas (may Allah be pleased with them both), he said: As-Sunan al-Kubra lil-Nasa'i 16:37 The hadith.
Accordingly, it is not permissible for one who intends Hajj or 'Umrah to pass the miqat without entering the state of ihram. If he does so and passes the miqat without ihram and enters ihram from Makkah or from between Makkah and the miqat, then upon him, as mentioned by the scholars, is a fidyah (ransom payment) which he slaughters in Makkah and distributes among the poor. The fidyah is a female sheep from the sheep, or a male sheep from the sheep, or a female goat from the goats, or a male goat from the goats.
Accordingly, it is obligatory for this questioner to offer a sheep for himself, a sheep for his wife, a sheep for his brother, and a sheep for his brother's wife. If his brother and his wife are outside the country, there is no blame on him to inform them of what is obligatory upon them and to appoint him as their agent in performing the obligatory fidyah for them, because agency in such a matter is permissible.
The questioner : May Allah bless you.
The Shaykh : Entering the state of ihram from the miqat is obligatory for one who intends Hajj or 'Umrah, because the Prophet (peace and blessings be upon him) said, in what is authentic from him from the hadith of Ibn 'Umar (may Allah be pleased with them both):
The people of Al-Madinah begin their Hil (Ihram) from Dhul-Hulaifah
يهل أهل المدينة من ذي الحليفةThe Prophet (peace and blessings be upon him) designated for the people of Madinah [the miqat] from Dhul-Hulayfah.
وقت النبي صلى الله عليه وسلم لأهل المدينة من ذي الحليفةAccordingly, it is not permissible for one who intends Hajj or 'Umrah to pass the miqat without entering the state of ihram. If he does so and passes the miqat without ihram and enters ihram from Makkah or from between Makkah and the miqat, then upon him, as mentioned by the scholars, is a fidyah (ransom payment) which he slaughters in Makkah and distributes among the poor. The fidyah is a female sheep from the sheep, or a male sheep from the sheep, or a female goat from the goats, or a male goat from the goats.
Accordingly, it is obligatory for this questioner to offer a sheep for himself, a sheep for his wife, a sheep for his brother, and a sheep for his brother's wife. If his brother and his wife are outside the country, there is no blame on him to inform them of what is obligatory upon them and to appoint him as their agent in performing the obligatory fidyah for them, because agency in such a matter is permissible.
The questioner : May Allah bless you.