The ruling on a pilgrim returning to Makkah without entering the state of ihram for Hajj
Machine translationRead the Arabic original
Question:
He also says: A person who enters the state of ihram for 'Umrah from his miqat, then exits the state of ihram after performing it, then heads to visit the Prophet’s Mosque in al-Madinah, and while returning to Makkah enters it without being in the state of ihram, thinking that the ihram for Hajj begins on the Day of Tarwiyah from Makkah.
Answer:
This happens frequently among people, as they think that their exiting the state of ihram from the 'Umrah is sufficient, and there is no need for them to enter the state of ihram for another 'Umrah, or for an early Hajj. What is recommended in such a case is that when he returns from al-Madinah, he should return in the state of ihram for Hajj or for 'Umrah. If the time is early, he should return for a second 'Umrah, for there is great good in the 'Umrah. The Prophet (peace and blessings be upon him) said:Sahih Muslim 1349a.
So if he returns for another 'Umrah, that is better for him. And if he returns in the state of ihram for Hajj and is patient to remain until the time of Hajj, there is no harm; because he has already exited the state of ihram from the 'Umrah. And if he changes his intention from Hajj to 'Umrah and exits the state of ihram from it, exiting the state of ihram through the 'Umrah, there is no harm either if the time is long.
As for his returning without being in the state of ihram, that is not recommended; because the apparent meaning of the texts indicates that it is necessary to enter the state of ihram. This is based on the statement of the Prophet (peace and blessings be upon him) when he designated the miqats:Sahih Muslim 1181a And this person has come from al-Madinah intending Hajj, so the apparent meaning of the text is that it is obligatory for him to enter the state of ihram. The legal principle upon which the majority of scholars agree is that whoever leaves the miqat without entering the state of ihram, while it is obligatory for him, must sacrifice an animal, which is slaughtered and distributed in the Noble Makkah. So this and similar cases, if they offer a sacrifice, meaning: if they offer a sacrificial animal because they left the state of ihram, that is more cautious for them and better; due to the apparent evidence, and the apparent statement of the scholars -may Allah have mercy on them-, and Allah the Exalted knows best.
And there is no doubt that there is some doubt in the matter for them; for this reason we said: the most cautious thing for them is to offer a sacrifice; because they have a doubt that they have exited the state of ihram from the 'Umrah, and they are returning to Makkah to wait for the Hajj, so this is a doubt for them; for this reason, there is hesitation regarding the obligation of the sacrifice upon them, but in any case, if they offer a sacrifice, it is better and more cautious.
The presenter: Now, if the pilgrim passes his miqat, is it permissible for him to perform an independent Hajj?
The Shaykh: What is the meaning of this statement?
The presenter: For example, if he went out to al-Ta'if or to al-Madinah, for example, if he went out to al-Ta'if and he is from the people of Najd, after he had performed the 'Umrah in the months of Hajj, is it permissible for him to perform an independent Hajj?
The Shaykh: As mentioned before, as mentioned before in the story of the people of al-Madinah, if he comes from al-Ta'if, he enters the state of ihram from the miqat of al-Ta'if for Hajj or for a second 'Umrah. And likewise, the one who comes from al-Madinah, or comes from Yemen, or comes from ash-Sham or elsewhere, if he returns, he enters the state of ihram from the miqat for a second 'Umrah if the time is ample, or for Hajj.
The presenter: But if he enters the state of ihram for Hajj, is a sacrifice obligatory upon him?
The Shaykh: The correct view is that he becomes a mutamatti', and that his going out to al-Ta'if, or to al-Madinah, does not take him out of the state of tamattu'; because he is in the places of Hajj, and in the season of Hajj in the months of Hajj, according to the correct view. Except if he returns to his home, if he returns to his home, and then comes for an independent Hajj; then this is an independent Hajj according to the majority; because it was reported from 'Umar (may Allah be pleased with him) and his son that they said: regarding the one who went to his home, and then returned for Hajj, that he is not a mutamatti', and that there is no sacrifice upon him; because his going to his home is an exit from the responsibility of the previous 'Umrah, and a transition from it to his original natural state, and then he returned to the Noble Makkah for Hajj, so it became an independent Hajj. Unlike the one who came for Hajj and 'Umrah, and remained for Hajj and 'Umrah, but he moved between the cities adjacent to Makkah and close to it, so this person has not exited the state of having come for Hajj and having performed tamattu' with the 'Umrah to the Hajj, yes.
He also says: A person who enters the state of ihram for 'Umrah from his miqat, then exits the state of ihram after performing it, then heads to visit the Prophet’s Mosque in al-Madinah, and while returning to Makkah enters it without being in the state of ihram, thinking that the ihram for Hajj begins on the Day of Tarwiyah from Makkah.
Answer:
This happens frequently among people, as they think that their exiting the state of ihram from the 'Umrah is sufficient, and there is no need for them to enter the state of ihram for another 'Umrah, or for an early Hajj. What is recommended in such a case is that when he returns from al-Madinah, he should return in the state of ihram for Hajj or for 'Umrah. If the time is early, he should return for a second 'Umrah, for there is great good in the 'Umrah. The Prophet (peace and blessings be upon him) said:
An Umra is an expiation for the sins committed between it and the next, and Hajj which is accepted will receive no other reward than Paradise.
العمرة إلى العمرة كفارة لما بينهما، والحج المبرور ليس له جزاء إلا الجنةSo if he returns for another 'Umrah, that is better for him. And if he returns in the state of ihram for Hajj and is patient to remain until the time of Hajj, there is no harm; because he has already exited the state of ihram from the 'Umrah. And if he changes his intention from Hajj to 'Umrah and exits the state of ihram from it, exiting the state of ihram through the 'Umrah, there is no harm either if the time is long.
As for his returning without being in the state of ihram, that is not recommended; because the apparent meaning of the texts indicates that it is necessary to enter the state of ihram. This is based on the statement of the Prophet (peace and blessings be upon him) when he designated the miqats:
and those (Mawaqit) are also meant for those who live at these (places) and for those too who come from without towards them for the sake of Hajj or 'Umra
هن لهن، ولمن أتى عليهن، من غير أهلهن، ممن أراد الحج و العمرةAnd there is no doubt that there is some doubt in the matter for them; for this reason we said: the most cautious thing for them is to offer a sacrifice; because they have a doubt that they have exited the state of ihram from the 'Umrah, and they are returning to Makkah to wait for the Hajj, so this is a doubt for them; for this reason, there is hesitation regarding the obligation of the sacrifice upon them, but in any case, if they offer a sacrifice, it is better and more cautious.
The presenter: Now, if the pilgrim passes his miqat, is it permissible for him to perform an independent Hajj?
The Shaykh: What is the meaning of this statement?
The presenter: For example, if he went out to al-Ta'if or to al-Madinah, for example, if he went out to al-Ta'if and he is from the people of Najd, after he had performed the 'Umrah in the months of Hajj, is it permissible for him to perform an independent Hajj?
The Shaykh: As mentioned before, as mentioned before in the story of the people of al-Madinah, if he comes from al-Ta'if, he enters the state of ihram from the miqat of al-Ta'if for Hajj or for a second 'Umrah. And likewise, the one who comes from al-Madinah, or comes from Yemen, or comes from ash-Sham or elsewhere, if he returns, he enters the state of ihram from the miqat for a second 'Umrah if the time is ample, or for Hajj.
The presenter: But if he enters the state of ihram for Hajj, is a sacrifice obligatory upon him?
The Shaykh: The correct view is that he becomes a mutamatti', and that his going out to al-Ta'if, or to al-Madinah, does not take him out of the state of tamattu'; because he is in the places of Hajj, and in the season of Hajj in the months of Hajj, according to the correct view. Except if he returns to his home, if he returns to his home, and then comes for an independent Hajj; then this is an independent Hajj according to the majority; because it was reported from 'Umar (may Allah be pleased with him) and his son that they said: regarding the one who went to his home, and then returned for Hajj, that he is not a mutamatti', and that there is no sacrifice upon him; because his going to his home is an exit from the responsibility of the previous 'Umrah, and a transition from it to his original natural state, and then he returned to the Noble Makkah for Hajj, so it became an independent Hajj. Unlike the one who came for Hajj and 'Umrah, and remained for Hajj and 'Umrah, but he moved between the cities adjacent to Makkah and close to it, so this person has not exited the state of having come for Hajj and having performed tamattu' with the 'Umrah to the Hajj, yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
