The ruling on one who decides to perform Hajj and 'Umrah after passing the miqat
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Question: What is the ruling in the Shari'ah for one who leaves Riyadh for Makkah without intending to perform Hajj or 'Umrah, but after arriving in Makkah he wants to perform Hajj, so he enters the state of ihram from Jeddah, combining the two? Does his ihram from Jeddah suffice? Or must he offer a sacrificial animal and go to one of the known miqats? Please advise us, and may Allah reward you.
Answer: If one leaves Riyadh or elsewhere intending for Makkah, not wanting to perform Hajj or 'Umrah, but rather wanting to do another work such as trade or visiting some relatives or the like, and then after he arrives in Makkah it occurs to him to perform Hajj, he enters the state of ihram from the place where he is. If he is in Jeddah, he enters ihram from there; if he is in Makkah, he enters ihram from Makkah, and so on. From any place where he resolves to perform Hajj or 'Umrah while he is in it, he enters ihram from there for Hajj and 'Umrah, provided he is before the miqats, and there is no blame on him. This is because his miqat is the place from which he intended to perform Hajj or 'Umrah, if it is before the miqats. This is based on the saying of the Prophet (peace and blessings be upon him) when he designated the miqats:Sahih al-Bukhari 1845.
However, if he wants to perform 'Umrah while he is in the Haram of Makkah, it is not permissible for him to enter the state of ihram for it from inside the Haram. Rather, he must go out until he enters ihram for it from outside the Haram, at al-Tan'im or al-Ja'ranah or elsewhere. This is because the Prophet (peace and blessings be upon him) ordered 'A'ishah to enter the state of ihram for 'Umrah from outside the Haram when she wanted to perform 'Umrah during the Farewell Pilgrimage while she was inside the Haram.
Answer: If one leaves Riyadh or elsewhere intending for Makkah, not wanting to perform Hajj or 'Umrah, but rather wanting to do another work such as trade or visiting some relatives or the like, and then after he arrives in Makkah it occurs to him to perform Hajj, he enters the state of ihram from the place where he is. If he is in Jeddah, he enters ihram from there; if he is in Makkah, he enters ihram from Makkah, and so on. From any place where he resolves to perform Hajj or 'Umrah while he is in it, he enters ihram from there for Hajj and 'Umrah, provided he is before the miqats, and there is no blame on him. This is because his miqat is the place from which he intended to perform Hajj or 'Umrah, if it is before the miqats. This is based on the saying of the Prophet (peace and blessings be upon him) when he designated the miqats:
And those living inside these Mawaqit can assume Ihram from the place where they start; even the people of Mecca can assume Ihram from Mecca.
ومن كان دون ذلك فمهله من حيث أنشأ حتى أهل مكة من مكةHowever, if he wants to perform 'Umrah while he is in the Haram of Makkah, it is not permissible for him to enter the state of ihram for it from inside the Haram. Rather, he must go out until he enters ihram for it from outside the Haram, at al-Tan'im or al-Ja'ranah or elsewhere. This is because the Prophet (peace and blessings be upon him) ordered 'A'ishah to enter the state of ihram for 'Umrah from outside the Haram when she wanted to perform 'Umrah during the Farewell Pilgrimage while she was inside the Haram.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
