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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If a person passes the miqat, is it obligatory for him to enter the state of ihram?

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The Shaykh : We remain on an important issue we must examine before entering the temporal miqat: if a person passes these miqats, is it obligatory for him to enter the state of ihram? We say that if he intends to perform Hajj or 'Umrah, or if Hajj or 'Umrah is his obligation—meaning he has not performed the obligatory act before—then it is obligatory for him to enter the state of ihram. The evidence for this obligation is the wording of the hadith of Ibn 'Umar:
The people of Al-Madinah begin their Hil (Ihram) from Dhul-Hulaifah يهل أهل المدينة من ذي الحليفة
Jami` at-Tirmidhi 831Sahih (Darussalam)
As for the hadith of Ibn 'Abbas (may Allah be pleased with them both), he said: "The Prophet (peace and blessings be upon him) designated Dhul-Hulayfah as the miqat for the people of Madinah", but the hadith of Ibn 'Umar
The people of Al-Madinah begin their Hil (Ihram) from Dhul-Hulaifah يهل أهل المدينة من ذي الحليفة
Jami` at-Tirmidhi 831Sahih (Darussalam)
uses the word "yuhillu" (they enter ihram), and the word "yuhillu" is a statement that carries the meaning of a command, so they must enter the state of ihram from these miqats.
If a person intends to perform Hajj or 'Umrah, or if Hajj or 'Umrah is his obligation—if he intends to perform Hajj or 'Umrah, that is clear because the wording of the hadith is "whoever intends to perform Hajj or 'Umrah." But if the ritual is his obligation and he does not intend to perform Hajj or does not intend to perform 'Umrah, we say it is obligatory for you, because Hajj and 'Umrah are obligatory immediately. Since you have now arrived, it is not permissible for you to delay; you must enter the state of ihram for Hajj or 'Umrah. However, if you have already performed the obligatory act and you pass these miqats without intending to perform Hajj or 'Umrah, then you do not have to enter the state of ihram, whether your absence from Makkah is long or short, even if you remain for ten years. If you come to Makkah for a need and you have already performed the obligatory act, then you do not have to enter the state of ihram. This is the correct opinion indicated by the Sunnah, because the Prophet (peace and blessings be upon him) was asked whether Hajj is required every year, and he said:
Hajj is obligatory only once in one’s lifetime. Whatever one does over and above this is supererogatory (a voluntary act) for him. الحج مرة فما زاد فهو تطوع
Bulugh al-Maram 720
He did not say "except if one passes the miqat." If passing the miqat were a cause for the obligation of ihram, the Messenger (peace and blessings be upon him) would have clarified it, given the need for clarification. Since he said:
Hajj is obligatory only once in one’s lifetime. Whatever one does over and above this is supererogatory (a voluntary act) for him. الحج مرة فما زاد فهو تطوع
Bulugh al-Maram 720
and did not make an exception, it is known that passing the miqat is not a cause for the obligation. But is it better to enter the state of ihram and perform 'Umrah, or to perform Hajj if it is its time? The answer.
The audience: Yes.

The Shaykh : Yes, this is better, because
An Umra is an expiation for the sins committed between it and the next العمرة إلى العمرة كفارة لما بينهما
Sahih Muslim 1349a
and for A1-Hajj Al-Mabrur there is no reward except Paradise. والحج المبرور ليس له جزاء إلى الجنة
Jami` at-Tirmidhi 933Sahih (Darussalam)
and it is narrated from the Prophet (peace and blessings be upon him) that he said:
Perform Hajj and 'Umrah consecutively, for they remove poverty and sin as the bellows removes impurity from iron and gold and silver تابعوا بين الحج والعمرة فإنهما ينفيان الفقر والذنوب كما ينفي الكير خبث الحديد والذهب والفضة
Sunan an-Nasa'i 2631Hasan (Darussalam)
But recommendation is one thing and obligation is another. So the obligation is not required except of one who has not performed the ritual or one who passes them intending to perform the ritual.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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