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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who passes the miqat before intending to enter the state of ihram for 'Umrah

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This message reached the program from one of the listening brothers in Kuwait. The sender, Uthman Abd al-Rahman, our brother, says: I traveled, with the praise of Allah, from Kuwait to Jeddah to perform 'Umrah, via Madinah by plane. When the plane took off from Madinah heading to Jeddah, the pilot announced that those who wish to perform 'Umrah must begin wearing the clothes of ihram. I actually went to the bathroom to change my clothes and spent about a third of an hour. After I came out, I asked one of the flight attendants if we had reached the miqat. He answered that we had passed the miqat some time ago. This means that I had passed the miqat while I was trying to properly put on the ihram. For your information, I forgot to remove my head cap until shortly before I came out of the bathroom. Also, I forgot to say "Labbaik 'Umrah" immediately after coming out, but I said it after a while, knowing that I had the intention to enter the rites of worship. I completed the remaining pillars of 'Umrah after that. Do I have any obligation regarding the deficiencies I mentioned? Please give us a ruling, may Allah reward you with good.
Answer: If you did not intend 'Umrah until after you had passed the miqat, then you must offer a sacrificial animal, one animal to be slaughtered in Makkah for the poor. This is because it is obligatory to enter the state of ihram from the miqat of Madinah, and you delayed significantly, as you mentioned, from the one who informed you that you had passed the miqat. So it is obligatory for you to slaughter a head of livestock, either a one-year-old sheep or a two-year-old goat, like the 'Id sacrifice or similar, in Makkah for the poor, for your neglect of the miqat.
As for the head cap, if you removed it when you came out before intending to enter the state of ihram for 'Umrah, then you owe nothing. Or if you left it on out of forgetfulness, then you owe nothing. But if you intentionally kept it on your head after entering the state of ihram, knowing that this is forbidden for you and being mindful of it, then you must pay an expiation. The expiation is feeding six poor people, or fasting three days, or slaughtering a sheep, one of the three: either this, or this, or this, if you intentionally kept it on after entering the state of ihram. But if it remained on you out of forgetfulness or ignorance, then you owe nothing. Yes.
The presenter: Shaykh 'Abd al-'Aziz! Is the first expiation you mentioned for passing the miqat, or because he did not intend it until later?
Answer: It is for passing the miqat before intending to enter the rites of worship.
The presenter: Before intending to enter the rites of worship?
The Shaykh: For 'Umrah. Yes.
As for the phrase of talbiyah, even if the phrase of talbiyah was delayed, but the intended thing is the intention to enter the rites of worship, if it was after passing the miqat by a distance, then he must pay the expiation. But if it was within the limits of the miqat, then there is no harm and he owes nothing.
The presenter: So, the intention to enter the rites of worship is not the intention of travel to bring about 'Umrah?
The Shaykh: No, the intention to enter is the ihram.
The presenter: May Allah reward you.
Source binbaz.org.sa

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

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