The ruling on one who passes the designated miqat for ihram
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Question:
You have mentioned, may Allah reward you with good, that it is not permissible to pass the miqat without entering into ihram. So what is the ruling in a case like ours, where we entered into ihram from Jeddah? We know that some people issued a fatwa to us stating that this is permissible, and that ihram is permissible from Jeddah, and by plane, and they attributed this to some scholars. Please issue a ruling for us, may Allah reward you.
Answer:
If you came with the intention of performing 'Umrah from your countries and passed the miqats intending 'Umrah, then a sacrificial animal is due from you. This fatwa has no basis. All the scholars have agreed that it is obligatory for one who passes the miqat intending Hajj and 'Umrah to enter into ihram from it. This is by the consensus of the scholars; due to the saying of the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas. Ibn 'Abbas said: "The Prophet (peace and blessings be upon him) designated Dhul-Hulaifah for the people of Madinah, al-Juhfah for the people of Sham, Qarn al-Manazil for the people of Najd, and Yalamlam for the people of Yemen:Sahih Muslim 1181a".
So if you passed them with the intention of 'Umrah, you have erred in passing them, and a sacrificial animal is due from you, along with repentance and seeking forgiveness. Not every fatwa is worthy of being followed. A person must be careful in matters, and should not ask except those known for knowledge, virtue, fear of Allah, scrupulousness, and lack of haste, who are cautious regarding their religion.
The scholars have agreed that it is not permissible to pass these miqats except with ihram. They differed only on: is a sacrificial animal due from him or not?
The majority, and the majority of scholars, hold that one who passes them has a sacrificial animal due from him; due to the saying of Ibn 'Abbas (may Allah be pleased with him and his father): "Whoever leaves a ritual or forgets it, let him shed blood." This is a sound statement. Some scholars gave it the ruling of marfu' (traced to the Prophet) because it is not said from the perspective of personal opinion.
Q: It is difficult for them now to offer the sacrifice; they do not have the ability?
The Shaykh: After that, he sends it, even if after that. Or one who is unable fasts ten days. Or he sends it from his country with the pilgrims, or with non-pilgrims. Or he appoints someone in Makkah to slaughter it, even after he has returned to his country. It is not obligatory for him to do it now: [al-Taghabun:16].
You have mentioned, may Allah reward you with good, that it is not permissible to pass the miqat without entering into ihram. So what is the ruling in a case like ours, where we entered into ihram from Jeddah? We know that some people issued a fatwa to us stating that this is permissible, and that ihram is permissible from Jeddah, and by plane, and they attributed this to some scholars. Please issue a ruling for us, may Allah reward you.
Answer:
If you came with the intention of performing 'Umrah from your countries and passed the miqats intending 'Umrah, then a sacrificial animal is due from you. This fatwa has no basis. All the scholars have agreed that it is obligatory for one who passes the miqat intending Hajj and 'Umrah to enter into ihram from it. This is by the consensus of the scholars; due to the saying of the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas. Ibn 'Abbas said: "The Prophet (peace and blessings be upon him) designated Dhul-Hulaifah for the people of Madinah, al-Juhfah for the people of Sham, Qarn al-Manazil for the people of Najd, and Yalamlam for the people of Yemen:
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
هنَّ لهنَّ ولمن أتى عليهنَّ من غير أهلهنَّ ممن أراد الحجَّ والعمرةَSo if you passed them with the intention of 'Umrah, you have erred in passing them, and a sacrificial animal is due from you, along with repentance and seeking forgiveness. Not every fatwa is worthy of being followed. A person must be careful in matters, and should not ask except those known for knowledge, virtue, fear of Allah, scrupulousness, and lack of haste, who are cautious regarding their religion.
The scholars have agreed that it is not permissible to pass these miqats except with ihram. They differed only on: is a sacrificial animal due from him or not?
The majority, and the majority of scholars, hold that one who passes them has a sacrificial animal due from him; due to the saying of Ibn 'Abbas (may Allah be pleased with him and his father): "Whoever leaves a ritual or forgets it, let him shed blood." This is a sound statement. Some scholars gave it the ruling of marfu' (traced to the Prophet) because it is not said from the perspective of personal opinion.
Q: It is difficult for them now to offer the sacrifice; they do not have the ability?
The Shaykh: After that, he sends it, even if after that. Or one who is unable fasts ten days. Or he sends it from his country with the pilgrims, or with non-pilgrims. Or he appoints someone in Makkah to slaughter it, even after he has returned to his country. It is not obligatory for him to do it now:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.