Explanation of the Book of Hajj-02a

The reciter: Mas'ud narrated to us, Hammad narrated to us from 'Amr ibn Dinar from Tawus from Ibn 'Abbas (may Allah be pleased with them both) who said: .

The Shaykh : This hadith contains an addition to what came before, which is the explicit statement that the Prophet (peace and blessings be upon him) designated Yalamlam for the people of Yemen. It also adds that these miqats are for the people of these lands and for anyone who passes through them from other than the people of these lands. It is not hidden that this is a facilitation for the one who is obligated, otherwise we would say that if a person from Madinah comes via the route of Najd, he must go to Dhul-Hulayfah, and we would say that if someone from the people of Najd passes through Dhul-Hulayfah, he must enter the state of ihram from Qarn. There is no doubt that this would be a hardship. Therefore, whoever passes through these miqats from other than the people of these lands enters the state of ihram from them as a facilitation for the one who is obligated. But is his entering the state of ihram from there a dispensation or the default ruling? The majority of scholars hold that it is the default ruling and that it is not permissible to pass the miqat without being in the state of ihram, even if one is not from its people. This is the apparent meaning of the hadith. It was said that it is a dispensation and that if a person delays entering the state of ihram until his original miqat, there is no blame on him. This is the school of Malik, and it was chosen by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). An important issue is based on this: if a person travels by plane from al-Qasim intending Hajj or 'Umrah, and does not enter the state of ihram from the point opposite Dhul-Hulayfah until he reaches Jeddah, then according to the one who says that the designation for those who pass through them from other than their people is the default ruling, we say: if you want to enter the state of ihram now, what do you do? You return to Dhul-Hulayfah. And according to the one who says that it is a dispensation and that it is permissible to enter the state of ihram from his original miqat, we say: go to Qarn. This is a clear difference. But the apparent text indicates that it is obligatory, not a dispensation, that whoever passes through these miqats intending Hajj or 'Umrah must enter the state of ihram.
And among the benefits of this hadith is that it is not obligatory for everyone who passes through these miqats to enter the state of ihram from them if they do not intend Hajj or 'Umrah, due to his saying: If someone says: "The phrase 'whoever intends' does not indicate the absence of obligation if the text indicates obligation, because you tell a person: if you want to pray, perform the ablution. Do we say that prayer is under choice, so if he wishes he prays and if he wishes he does not?" No. The answer is: we say there is no evidence for the obligation of repeating Hajj or 'Umrah; rather, the evidence indicates that it is once. When the Prophet (peace and blessings be upon him) said: , al-Aqra' ibn Habis stood up and said: "Is it every year, O Messenger of Allah?" He said: This is an explicit text. And on this basis, we do not obligate the servants of Allah with what they have not been obligated to do. So if a person goes to Makkah for trade, seeking knowledge, visiting a relative, visiting a sick person, or any business, and he has already performed the obligatory Hajj, then if he wishes he enters the state of ihram and if he wishes he does not, whether his stay in Makkah is long or short. As for the saying of the common people that if more than forty days have passed since his first pilgrimage, he must enter the state of ihram, and if less than that, it is not obligatory, there is no basis for this. So the correct view that the soul is at peace with is that whoever has performed the obligatory Hajj is not obligated to enter the state of ihram even if he passes through the miqats. The hadith here is explicit: "for whoever intends Hajj and 'Umrah." The "and" here means "or," meaning "or 'Umrah," and the meaning is not "whoever intends the combined pilgrimage," because if we took the "and" at its literal surface, the meaning would be "whoever intends both of them together," and that is not the case. Rather, it is whoever intends Hajj or 'Umrah.