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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who comes to Jeddah and then intends to perform 'Umrah

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Question:
A person came to Jeddah via Madinah. When he had stayed in Jeddah for two days, he wanted to perform 'Umrah. Is it permissible for him to enter the state of ihram from Jeddah with no obligation on him? Or does he have to offer a sacrificial animal because he did not enter the state of ihram from the miqat?

Answer:
This requires a detailed explanation that we should understand well:
The person who came from Madinah to Jeddah, or from Riyadh to Jeddah, or from the Eastern Province to Jeddah, or from the Levant to Jeddah, or from elsewhere: if he did not intend 'Umrah, if he did not make the intention for 'Umrah, and came for a need in Jeddah, not intending 'Umrah or Hajj, but came for a need: to visit a brother, to visit a friend, for trade, or for other such needs, then he may enter the state of ihram from Jeddah; because he did not intend it except in Jeddah. If he intends 'Umrah in Jeddah, he enters the state of ihram from Jeddah; because when he passed the miqat, he had no intention. When he traveled from Madinah, or from Riyadh, or from Dammam, or from the Levant, or from elsewhere, he did not intend 'Umrah or Hajj; he only wanted Jeddah for a benefit or a need. So, if he intends it in Jeddah, he enters the state of ihram from there; based on the saying 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 'Umraهنَّ لهنَّ ولمن أتى عليهنَّ من غير أهلهنَّ ممن أراد الحجَّ والعمرةَ
Sahih Muslim 1181a
, then he said (peace and blessings be upon him):
And whoever is from beyond that, his place of ihram is from where he initiated itومَن كان دون ذلك فمهلّه من حيث أنشأ
,
his place of ihramمهلّه
meaning: the place of his ihram,
from the place where they start; even the people of Mecca can assume Ihram from Mecca.من حيث أنشأ، حتى أهل مكة من مكة
Sahih al-Bukhari 1845
.
This includes the one who came from Madinah to Jeddah without intending 'Umrah, but when he arrived in Jeddah and stayed there, he said: "I am close, I want to perform 'Umrah"; there is no harm, he enters the state of ihram from Jeddah; because he only initiated it there. Or the one who came from Riyadh, or from Dammam, or from al-Ahsa, or from elsewhere to Jeddah to visit a relative, without intending 'Umrah, or for trade without intending 'Umrah, and then it occurred to him in Jeddah to perform 'Umrah; he enters the state of ihram from there.
As for a person who came from Riyadh or from Madinah with the intention of 'Umrah, he must not pass the miqat: if he is from Madinah, he enters the state of ihram from the miqat of Madinah; and if he is from Riyadh, or al-Ahsa, or elsewhere, he enters the state of ihram from the miqat of the people of Najd: al-Sail, via the route of Ta'if, if he is on the route of Ta'if, it is the well-known al-Sail. He must not pass it except by entering the state of ihram. If he passes it and enters the state of ihram from Jeddah while intending 'Umrah when he set out, then he has to offer a sacrificial animal, which is slaughtered in Makkah for the poor; because he neglected an obligatory duty, which is entering the state of ihram from the miqat. And Allah knows best.
Source binbaz.org.sa

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

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