What is the ruling on one who intended to perform 'Umrah and entered the state of ihram after the miqat in Jeddah, having performed many 'Umrahs and two Hajjs while in a state of ignorance?
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The questioner : One of the brothers residing in Jeddah, due to the nature of his military work, moved to Riyadh and stayed for three years. He comes to Jeddah to perform 'Umrah, so he has approximately twenty 'Umrahs and two Hajjs. Sometimes he intends to perform 'Umrah from Riyadh, comes to Jeddah, and then does not enter ihram from the miqat. Other times, he does not have the intention to perform 'Umrah, so he comes to Jeddah and then, meaning, he intends to perform 'Umrah.
The Shaykh : Yes
The questioner : Then he moved to al-Ahsa and also stayed there for a year, not knowing that he must enter ihram from the miqat, assuming that there was nothing wrong with it. What is the ruling on his 'Umrahs and his two Hajjs? And is there anything required of him in this matter? May Allah bless you.
The Shaykh : As for the 'Umrahs and the Hajj, they are valid. The most that is the case is that for the 'Umrahs in which he entered ihram from other than the miqat, having passed the miqat while intending to perform 'Umrah, he owes a fidyah (ransom payment) to be slaughtered in Makkah and distributed to the poor, provided he has the ability. As for when he lacks the ability, he owes nothing.
The same is said regarding the Hajj if he did not enter ihram except from Jeddah. However, if he passed the miqat while not intending to perform 'Umrah, or was undecided whether to perform 'Umrah or not, and then when he reached Jeddah he formed the intention, he enters ihram from Jeddah and owes nothing.
The questioner : He cannot... it was frequent
The Shaykh : Whatever contradicts this, he builds upon certainty; he builds upon certainty, which is the lesser amount. So if he estimates that he left off entering ihram from the miqat ten times or eight times, he makes it eight times.
The questioner : ...
The Shaykh : Yes, in Makkah, and it is distributed to the poor. This is with the ability. As for when there is no ability, he owes nothing after that.
The Shaykh : Yes
The questioner : Then he moved to al-Ahsa and also stayed there for a year, not knowing that he must enter ihram from the miqat, assuming that there was nothing wrong with it. What is the ruling on his 'Umrahs and his two Hajjs? And is there anything required of him in this matter? May Allah bless you.
The Shaykh : As for the 'Umrahs and the Hajj, they are valid. The most that is the case is that for the 'Umrahs in which he entered ihram from other than the miqat, having passed the miqat while intending to perform 'Umrah, he owes a fidyah (ransom payment) to be slaughtered in Makkah and distributed to the poor, provided he has the ability. As for when he lacks the ability, he owes nothing.
The same is said regarding the Hajj if he did not enter ihram except from Jeddah. However, if he passed the miqat while not intending to perform 'Umrah, or was undecided whether to perform 'Umrah or not, and then when he reached Jeddah he formed the intention, he enters ihram from Jeddah and owes nothing.
The questioner : He cannot... it was frequent
The Shaykh : Whatever contradicts this, he builds upon certainty; he builds upon certainty, which is the lesser amount. So if he estimates that he left off entering ihram from the miqat ten times or eight times, he makes it eight times.
The questioner : ...
The Shaykh : Yes, in Makkah, and it is distributed to the poor. This is with the ability. As for when there is no ability, he owes nothing after that.