Ruling on passing the miqat in Hajj and 'Umrah
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Question: What is the ruling on passing the miqat in Hajj and 'Umrah?
Answer: It is not permissible for a Muslim who intends to perform Hajj or 'Umrah to pass the miqat he passes through without entering the state of ihram. If he passes it without ihram, he must return to it and enter ihram from there. If he neglects that and enters ihram from a place further away or closer to Makkah, he owes a sacrificial animal according to many scholars, which is slaughtered in Makkah and distributed among the poor; because he neglected an obligatory duty, which is entering ihram from the prescribed miqat.
As for if, when he passed the miqat, he did not intend Hajj or 'Umrah, but intended another need in Makkah, such as visiting some of his relatives or friends, or trade, or the like, then there is nothing required of him in such a case; because he did not intend Hajj or 'Umrah. However, it is not permissible for him to do so if he has not performed the 'Umrah of Islam in the past. Whenever this person who passed the miqat without ihram because he did not intend Hajj or 'Umrah intends Hajj or 'Umrah on the way before reaching the Haram, it is obligatory for him to enter ihram from the place where the intention was renewed. The evidence for this is what is established in the two Sahihs from Ibn 'Abbas (may Allah be pleased with him and his father), who said: "The Prophet (peace and blessings be upon him) designated Dhul-Hulaifah for the people of Madinah, al-Juhfah for the people of Sham, Qarn al-Manazil for the people of Najd, and Yalamlam for the people of Yemen. These are for them and for whoever comes to them from among those who are not their people, from among those who intend Hajj and 'Umrah. And whoever is below that, his miqat is from his home, until the people of Makkah declare their intention from Makkah."
This hadith indicates all that we mentioned earlier for whoever reflects upon it.
As for if the one who did not intend Hajj or 'Umrah did not renew his intention for Hajj or 'Umrah until after he reached the Haram, then there is a detail in this: If he intended Hajj, there is no harm in entering ihram for it from the Haram or the Hala; due to the saying of the Prophet (peace and blessings be upon him) in this hadith:.
And as for if he intended 'Umrah, he must go out to the Hala, such as at-Tan'im or al-Ja'ranah or elsewhere, and enter ihram from there; because the Prophet (peace and blessings be upon him) ordered 'A'ishah (may Allah be pleased with her) when she intended 'Umrah while she was in Makkah to go out to at-Tan'im and declare her intention for 'Umrah from there. And he ordered her brother 'Abd al-Rahman to accompany her in that. And success is from Allah.
Answer: It is not permissible for a Muslim who intends to perform Hajj or 'Umrah to pass the miqat he passes through without entering the state of ihram. If he passes it without ihram, he must return to it and enter ihram from there. If he neglects that and enters ihram from a place further away or closer to Makkah, he owes a sacrificial animal according to many scholars, which is slaughtered in Makkah and distributed among the poor; because he neglected an obligatory duty, which is entering ihram from the prescribed miqat.
As for if, when he passed the miqat, he did not intend Hajj or 'Umrah, but intended another need in Makkah, such as visiting some of his relatives or friends, or trade, or the like, then there is nothing required of him in such a case; because he did not intend Hajj or 'Umrah. However, it is not permissible for him to do so if he has not performed the 'Umrah of Islam in the past. Whenever this person who passed the miqat without ihram because he did not intend Hajj or 'Umrah intends Hajj or 'Umrah on the way before reaching the Haram, it is obligatory for him to enter ihram from the place where the intention was renewed. The evidence for this is what is established in the two Sahihs from Ibn 'Abbas (may Allah be pleased with him and his father), who said: "The Prophet (peace and blessings be upon him) designated Dhul-Hulaifah for the people of Madinah, al-Juhfah for the people of Sham, Qarn al-Manazil for the people of Najd, and Yalamlam for the people of Yemen. These are for them and for whoever comes to them from among those who are not their people, from among those who intend Hajj and 'Umrah. And whoever is below that, his miqat is from his home, until the people of Makkah declare their intention from Makkah."
This hadith indicates all that we mentioned earlier for whoever reflects upon it.
As for if the one who did not intend Hajj or 'Umrah did not renew his intention for Hajj or 'Umrah until after he reached the Haram, then there is a detail in this: If he intended Hajj, there is no harm in entering ihram for it from the Haram or the Hala; due to the saying of the Prophet (peace and blessings be upon him) in this hadith:
And whoever is below that, his miqat is from his home, until the people of Makkah declare their intention from Makkah
ومن كان دون ذلك فمهله من أهله حتى أهل مكة يهلون من مكةAnd as for if he intended 'Umrah, he must go out to the Hala, such as at-Tan'im or al-Ja'ranah or elsewhere, and enter ihram from there; because the Prophet (peace and blessings be upon him) ordered 'A'ishah (may Allah be pleased with her) when she intended 'Umrah while she was in Makkah to go out to at-Tan'im and declare her intention for 'Umrah from there. And he ordered her brother 'Abd al-Rahman to accompany her in that. And success is from Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.