What is the ruling on one who passes by the miqat and does not enter the state of ihram from it?
Machine translationRead the Arabic original
The Shaykh : So what is the ruling on one who passes by the miqat and does not enter the state of ihram from it?
We say: One who passes by the miqat is either intending the lesser pilgrimage or the major pilgrimage, and it is obligatory for him to enter the state of ihram from it, because the Prophet (peace and blessings be upon him) designated the miqats and said:. This is the hadith of Ibn Abbas.
And in the hadith of Ibn Umar, he said:Jami` at-Tirmidhi 831Sahih (Darussalam). "They announce" is a statement in the sense of a command, and statements in the sense of a command are numerous in the Qur'an and the Sunnah. Allah the Exalted said: , and this is a statement in the sense of a command. It is obligatory for one who passes by the miqat while intending the major pilgrimage or the lesser pilgrimage to enter the state of ihram from it, except for one whose home is within the miqats and who passes by the miqat intending to go to his family, but he says, "I will perform the lesser pilgrimage in two or three days." In that case, there is no blame on him.
For example, a man from the people of Jeddah passes by the miqat of Madinah while intending to go to his family, and I intend to go to my family, and I will perform the lesser pilgrimage in Ramadan or other than Ramadan. In that case, there is no blame on him for passing by the miqat, because he passed by it for the sake of his family, but he intends to perform the lesser pilgrimage later.
Now, what is upon him if he did not enter the state of ihram? The well-known view among the scholars is that one who leaves an obligatory act of the major pilgrimage or the lesser pilgrimage owes a fidyah, meaning a sacrificial animal that is slaughtered in Makkah and distributed to the poor. And it was said regarding one who does not find one: it is obligatory for him to fast for ten days. And it was said: it is not obligatory for him to fast for ten days, and this is the correct view.
So one who does not find a sacrificial animal owes nothing, except for the hady of tamattu' and qiran. If one does not find it, he fasts for ten days: three during the major pilgrimage and seven when he returns.
We say: One who passes by the miqat is either intending the lesser pilgrimage or the major pilgrimage, and it is obligatory for him to enter the state of ihram from it, because the Prophet (peace and blessings be upon him) designated the miqats and said:
They are for them, and for those who come to them from among those who are not of their household, from among those who intend the major pilgrimage or the lesser pilgrimage.
هن لهن ولمن أتى عليهن من غير أهلن ممن يريد الحج أو العمرةAnd in the hadith of Ibn Umar, he said:
The people of Al-Madinah begin their Hil (Ihram) from Dhul-Hulaifah
يهل أهل المدينة من ذي الحليفةAnd the divorced women shall wait with themselves
والمطلقات يتربص بأنفسهنFor example, a man from the people of Jeddah passes by the miqat of Madinah while intending to go to his family, and I intend to go to my family, and I will perform the lesser pilgrimage in Ramadan or other than Ramadan. In that case, there is no blame on him for passing by the miqat, because he passed by it for the sake of his family, but he intends to perform the lesser pilgrimage later.
Now, what is upon him if he did not enter the state of ihram? The well-known view among the scholars is that one who leaves an obligatory act of the major pilgrimage or the lesser pilgrimage owes a fidyah, meaning a sacrificial animal that is slaughtered in Makkah and distributed to the poor. And it was said regarding one who does not find one: it is obligatory for him to fast for ten days. And it was said: it is not obligatory for him to fast for ten days, and this is the correct view.
So one who does not find a sacrificial animal owes nothing, except for the hady of tamattu' and qiran. If one does not find it, he fasts for ten days: three during the major pilgrimage and seven when he returns.