What is the ruling on one who enters the state of ihram from Jeddah because the clothes of ihram were not available?
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Question:
His final question says: The traveler by plane who did not enter the state of ihram except from Jeddah, because his ihram clothes were in the bag and the bag was in the plane's luggage hold, and he believed that ihram is not valid except with the clothes of ihram, what is required of him? May Allah reward you with the best reward for us.
Answer:
The one who passed the miqat, came to Jeddah, and entered the state of ihram from there, owes a sacrificial animal according to the majority of scholars; because he left an obligatory act for his 'Umrah or Hajj; and because of the statement of Ibn 'Abbas (may Allah be pleased with him and his father): "Whoever leaves a ritual act, or forgets it, let him shed a blood (sacrifice)." It is narrated as marfu' (traced to the Prophet) to the Prophet (peace and blessings be upon him), and it is narrated as mawquf (stopping at a Companion) on Ibn 'Abbas, and the latter is more correct, but it is in the ruling of marfu'; because such a statement establishes a legal principle, and is not said from the side of opinion; for this reason, the majority adopted it, and they said: such a person owes a sacrificial animal; because he left an obligatory act.
Then such a person should be attentive, so if the time of ihram comes and he does not have the clothes of ihram, he enters the state of ihram in what he is wearing. If he is wearing trousers, the trousers suffice, and he removes the shirt and the turban, and places part of it on his shoulders, and that is sufficient, and he keeps the trousers on him, and nothing is required of him. And if he wishes, he can make his shirt an izar (lower garment) until he reaches Jeddah, and that is sufficient, and he removes what is on his head.
And with this, he is safe from passing the miqat without ihram, and he is safe from the expiation. If he enters the state of ihram in his current state, that is better. If he enters the state of ihram in his current state and does not change, that is better than delaying. But if he can remove the shirt and keep the trousers on him, if he is wearing trousers, then this is what is obligatory for him. He remains in the trousers, and removes the shirt and the turban on his head, and he has a choice: if he wishes, he places the shirt like this on his shoulders, or his turban on his shoulders to take the place of the rida' (upper garment), and if he wishes, he leaves it. When he reaches Jeddah, he can change. If he does not do so, it becomes obligatory for him to enter the state of ihram even in these clothes he is wearing. It becomes obligatory for him to enter the state of ihram. And when he reaches Makkah, he expiates with one of three: fasting for three days, or feeding six poor people, or slaughtering a sheep, as the Prophet (peace and blessings be upon him) issued a fatwa to Ka'b ibn 'Ujr when he shaved his head.
This is for the one who entered the state of ihram in his sewn clothes and his turban, and did not remove them; he must expiate with one of these three: either fasting for three days, or feeding six poor people, half a sa' (a dry measure of about 3 kg) of dates for each poor person, or rice, or other staple food of the country, or slaughtering a sheep. This is for the sewn clothes. And the same applies to covering the head if he did not uncover his head, so he would have two expiations: one for covering the head if he did not uncover it, and the second for the sewn clothes he is wearing. And this is better for him than delaying, from delaying the ihram to Jeddah or the like. Rather, he enters the state of ihram, and that is what is obligatory for him, and his ihram is in his clothes, and he pays this expiation. But if he can remove them and remain in the trousers, it becomes obligatory for him to do so, as mentioned before. Yes.
His final question says: The traveler by plane who did not enter the state of ihram except from Jeddah, because his ihram clothes were in the bag and the bag was in the plane's luggage hold, and he believed that ihram is not valid except with the clothes of ihram, what is required of him? May Allah reward you with the best reward for us.
Answer:
The one who passed the miqat, came to Jeddah, and entered the state of ihram from there, owes a sacrificial animal according to the majority of scholars; because he left an obligatory act for his 'Umrah or Hajj; and because of the statement of Ibn 'Abbas (may Allah be pleased with him and his father): "Whoever leaves a ritual act, or forgets it, let him shed a blood (sacrifice)." It is narrated as marfu' (traced to the Prophet) to the Prophet (peace and blessings be upon him), and it is narrated as mawquf (stopping at a Companion) on Ibn 'Abbas, and the latter is more correct, but it is in the ruling of marfu'; because such a statement establishes a legal principle, and is not said from the side of opinion; for this reason, the majority adopted it, and they said: such a person owes a sacrificial animal; because he left an obligatory act.
Then such a person should be attentive, so if the time of ihram comes and he does not have the clothes of ihram, he enters the state of ihram in what he is wearing. If he is wearing trousers, the trousers suffice, and he removes the shirt and the turban, and places part of it on his shoulders, and that is sufficient, and he keeps the trousers on him, and nothing is required of him. And if he wishes, he can make his shirt an izar (lower garment) until he reaches Jeddah, and that is sufficient, and he removes what is on his head.
And with this, he is safe from passing the miqat without ihram, and he is safe from the expiation. If he enters the state of ihram in his current state, that is better. If he enters the state of ihram in his current state and does not change, that is better than delaying. But if he can remove the shirt and keep the trousers on him, if he is wearing trousers, then this is what is obligatory for him. He remains in the trousers, and removes the shirt and the turban on his head, and he has a choice: if he wishes, he places the shirt like this on his shoulders, or his turban on his shoulders to take the place of the rida' (upper garment), and if he wishes, he leaves it. When he reaches Jeddah, he can change. If he does not do so, it becomes obligatory for him to enter the state of ihram even in these clothes he is wearing. It becomes obligatory for him to enter the state of ihram. And when he reaches Makkah, he expiates with one of three: fasting for three days, or feeding six poor people, or slaughtering a sheep, as the Prophet (peace and blessings be upon him) issued a fatwa to Ka'b ibn 'Ujr when he shaved his head.
This is for the one who entered the state of ihram in his sewn clothes and his turban, and did not remove them; he must expiate with one of these three: either fasting for three days, or feeding six poor people, half a sa' (a dry measure of about 3 kg) of dates for each poor person, or rice, or other staple food of the country, or slaughtering a sheep. This is for the sewn clothes. And the same applies to covering the head if he did not uncover his head, so he would have two expiations: one for covering the head if he did not uncover it, and the second for the sewn clothes he is wearing. And this is better for him than delaying, from delaying the ihram to Jeddah or the like. Rather, he enters the state of ihram, and that is what is obligatory for him, and his ihram is in his clothes, and he pays this expiation. But if he can remove them and remain in the trousers, it becomes obligatory for him to do so, as mentioned before. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
