The ruling on one who intends to perform 'Umrah or Hajj and then decides not to do so
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Question:
I intended to perform 'Umrah and put on the ihram garments, but I removed the ihram before going to perform 'Umrah. Do I owe a fidyah?
Answer:
This requires a detailed explanation: If you intended 'Umrah and entered into it—meaning you intended to enter into 'Umrah—then it is not permissible for you to remove the ihram, nor is it permissible for you to return. Rather, you must... you must complete it with tawaf, sa'y, and shaving or cutting the hair. This is because Allah, Glorified and Exalted, says: [Surat al-Baqarah: 196]. Whoever enters into them must complete them. However, if you did not intend to enter into 'Umrah, but merely put on the ihram garments to prepare to enter the state of ihram, without intending to enter it, and you were only preparing to remove your sewn clothes, preparing for the ghusl, or applying perfume, or doing other things one does in preparation before declaring the intention, then in this state you have not entered into ihram. The intention is like the intention of a person who traveled from his city to perform 'Umrah or Hajj; it is a general intention, not an intention to enter. But if you intended to enter into the ihram and that you have entered into 'Umrah, then at that point you must complete it, and you must not abandon the 'Umrah, nor wear sewn clothes. If you wear sewn clothes, you must remove them, and you must complete the 'Umrah with tawaf, sa'y, and shaving or cutting the hair, based on the saying of Allah, Glorified and Exalted: [Surat al-Baqarah: 196]. And if you had intercourse with your wife in this state after intending to enter into 'Umrah, then the 'Umrah is invalidated by that, and you must sacrifice an animal to be slaughtered in Makkah for the poor, and you must complete the 'Umrah... complete it with tawaf, sa'y, and cutting the hair or shaving. Then you must perform another 'Umrah from the same miqat from which you entered into ihram for the first 'Umrah, as a group of the Companions (may Allah be pleased with them and grant them satisfaction) issued a ruling to that effect. So you must complete the 'Umrah that you invalidated through intercourse, you must complete it, and you must also make it up with another 'Umrah from the same miqat. Yes.
The presenter: May Allah reward you with good. So, by wearing the ihram and having the intention, he is not considered to have entered into 'Umrah, Your Eminence?
The Shaykh: No, unless he intended to enter into it. If he wore the ihram for preparation, to enter into ihram, to intend and declare the talbiyah, but he did not intend to enter, and the talbiyah did not occur, and he was only preparing, this is not ihram, until he intends in his heart to enter into 'Umrah and that he has entered into it to declare the talbiyah for it. Yes.
The presenter: Is wearing the ihram not sufficient...?
The Shaykh: It is not sufficient.
The presenter: It is not sufficient.
The Shaykh: Wearing the ihram is not sufficient, because one might prepare, wear the ihram, apply perfume, and then enter into ihram. It is better that he does not enter into ihram until he boards the car, or the mount if he has a mount; because the Messenger (peace and blessings be upon him) only entered into ihram after he had mounted his camel. He prepared, then mounted the camel, then declared the talbiyah, peace and blessings be upon him. Yes.
I intended to perform 'Umrah and put on the ihram garments, but I removed the ihram before going to perform 'Umrah. Do I owe a fidyah?
Answer:
This requires a detailed explanation: If you intended 'Umrah and entered into it—meaning you intended to enter into 'Umrah—then it is not permissible for you to remove the ihram, nor is it permissible for you to return. Rather, you must... you must complete it with tawaf, sa'y, and shaving or cutting the hair. This is because Allah, Glorified and Exalted, says:
And complete the Hajj and 'umrah for Allah
وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِAnd complete the Hajj and 'umrah for Allah
وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِThe presenter: May Allah reward you with good. So, by wearing the ihram and having the intention, he is not considered to have entered into 'Umrah, Your Eminence?
The Shaykh: No, unless he intended to enter into it. If he wore the ihram for preparation, to enter into ihram, to intend and declare the talbiyah, but he did not intend to enter, and the talbiyah did not occur, and he was only preparing, this is not ihram, until he intends in his heart to enter into 'Umrah and that he has entered into it to declare the talbiyah for it. Yes.
The presenter: Is wearing the ihram not sufficient...?
The Shaykh: It is not sufficient.
The presenter: It is not sufficient.
The Shaykh: Wearing the ihram is not sufficient, because one might prepare, wear the ihram, apply perfume, and then enter into ihram. It is better that he does not enter into ihram until he boards the car, or the mount if he has a mount; because the Messenger (peace and blessings be upon him) only entered into ihram after he had mounted his camel. He prepared, then mounted the camel, then declared the talbiyah, peace and blessings be upon him. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
