Ruling on one who intended to perform 'Umrah and resolved to do so, then decided to abandon it
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Question:
One of the listening sisters says: Your sister Umm Faisal from Abha sent a message saying: My husband, my sons, and my daughters went with me intending to perform 'Umrah and to visit my son in the city of Ta'if. We arrived in Ta'if and stayed for two days waiting for the girls to become ritually pure so we could go for 'Umrah, but this did not happen. Then we waited another half day, and they still did not become pure. We have a son in Jeddah who came and took us to Jeddah. He advised us to enter the state of ihram from Ta'if, but we did not do so. We went down with him to Jeddah and stayed for three days. Then we thought about 'Umrah again, and my son said: We must return to the miqat and enter ihram from there, especially since everyone is ready for ihram, and we should also slaughter a fidyah for each person who intended 'Umrah from Abha. The matters became crowded upon us, and we did not agree on a course of action; so we took our belongings and went to Abha without performing 'Umrah. I do not know what to do. The question is: Do we have any obligation regarding what we did? Do we have to make up that 'Umrah? And what about those who are below the age of puberty? Please advise us, may Allah reward you with good.
Answer:
You owe nothing; because 'Umrah is only obligatory once in a lifetime for those of legal age, just like Hajj. And you went to Jeddah without intending 'Umrah, then you hesitated about 'Umrah afterwards, so you owe nothing. Even if we suppose that you went to Jeddah with the intention of 'Umrah once you were done with your business, and then you decided to abandon it, there is no harm in that. 'Umrah only becomes obligatory after one has started it; due to the saying of Allah the Exalted: [Surat al-Baqarah: 196].
So if a person comes to the miqat and does not start 'Umrah, and he softens his resolve and returns from his resolve, there is no harm. Or if he comes to Jeddah intending 'Umrah, then softens his resolve and does not enter ihram for 'Umrah, there is no harm. Even if he comes to Makkah, if he comes to Makkah not wanting to perform 'Umrah, but enters it for a need such as trade, or to visit some relatives without the intention of 'Umrah, he owes nothing; due to the saying of the Prophet (peace and blessings be upon him) when he designated the miqats:Sahih Muslim 1181a So he did not make 'Umrah and Hajj obligatory except for the one who intends that when he passes the miqat. So whoever passes the miqat and does not intend Hajj or 'Umrah, but only intends trade in Makkah, or visiting some of his relatives, or his friends, or intends another purpose; he owes nothing.
As for if he intends 'Umrah and resolves upon it, he must enter ihram from the miqat he passed. If he is from the route of Ta'if, or from the route of Najd, he enters ihram from al-Sail, Wadi Qarn. If he is from the route of al-Madinah, he enters ihram from the miqat of al-Madinah. If he is from the route of Yemen, he enters ihram from the miqat of Yemen, Yalamlam. If he is from the route of the western coast, he enters ihram from Rabigh, al-Juhfah. If he hesitates and comes to Jeddah hesitating whether to perform 'Umrah or not, without having a firm decision, he enters ihram from Jeddah when he resolves, and he does not need to return to the miqat. Even if he comes to Jeddah from al-Madinah, or from Yemen, or from Abha, or from elsewhere, without having a firm decision, hesitating whether to enter ihram or not; if he intends 'Umrah and resolves upon it, or Hajj, he enters ihram from his location, due to his saying (peace and blessings be upon him): Meaning: from where he initiated the intention.
So you, when you softened your resolve regarding 'Umrah, and went from Ta'if to Jeddah without the intention of 'Umrah, if you had entered ihram from Jeddah, there would be no blame on you and it would suffice. But if you had intended 'Umrah while you were in Ta'if, and resolved upon it, and went to Jeddah with the intention of 'Umrah; then you are obligated to return to the miqat, and enter ihram from the miqat if you intend 'Umrah and resolve upon it. If you do not do so, then a blood sacrifice is upon you.
As for the situation you described, you went to Jeddah hesitating, then resolved to abandon it, there is no blame on you. Even if you went to Jeddah intending 'Umrah, then softened your resolve, you owe nothing; because you owe nothing; because you did not start it.
The presenter: May Allah reward you with good. Does this ruling you have graciously given, O Shaykh, include all members of the family?
The Shaykh: Yes, all of them. As for the one who has not reached puberty, nothing is obligatory upon him. The one who has not reached puberty is not obligated to enter ihram, but if he enters ihram, it is better. If he enters ihram with his family, if he is seven years old or more, they teach him, and it is better for him to enter ihram with his family, but he is not obligated to enter ihram until he reaches the age of discernment.
The presenter: May Allah reward you with good.
One of the listening sisters says: Your sister Umm Faisal from Abha sent a message saying: My husband, my sons, and my daughters went with me intending to perform 'Umrah and to visit my son in the city of Ta'if. We arrived in Ta'if and stayed for two days waiting for the girls to become ritually pure so we could go for 'Umrah, but this did not happen. Then we waited another half day, and they still did not become pure. We have a son in Jeddah who came and took us to Jeddah. He advised us to enter the state of ihram from Ta'if, but we did not do so. We went down with him to Jeddah and stayed for three days. Then we thought about 'Umrah again, and my son said: We must return to the miqat and enter ihram from there, especially since everyone is ready for ihram, and we should also slaughter a fidyah for each person who intended 'Umrah from Abha. The matters became crowded upon us, and we did not agree on a course of action; so we took our belongings and went to Abha without performing 'Umrah. I do not know what to do. The question is: Do we have any obligation regarding what we did? Do we have to make up that 'Umrah? And what about those who are below the age of puberty? Please advise us, may Allah reward you with good.
Answer:
You owe nothing; because 'Umrah is only obligatory once in a lifetime for those of legal age, just like Hajj. And you went to Jeddah without intending 'Umrah, then you hesitated about 'Umrah afterwards, so you owe nothing. Even if we suppose that you went to Jeddah with the intention of 'Umrah once you were done with your business, and then you decided to abandon it, there is no harm in that. 'Umrah only becomes obligatory after one has started it; due to the saying of Allah the Exalted:
And complete the Hajj and 'umrah for Allah
وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِSo if a person comes to the miqat and does not start 'Umrah, and he softens his resolve and returns from his resolve, there is no harm. Or if he comes to Jeddah intending 'Umrah, then softens his resolve and does not enter ihram for 'Umrah, there is no harm. Even if he comes to Makkah, if he comes to Makkah not wanting to perform 'Umrah, but enters it for a need such as trade, or to visit some relatives without the intention of 'Umrah, he owes nothing; due to 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 'Umra
هن لهن ولمن أتى عليهن من غير أهلهن ممن أراد الحج والعمرةAs for if he intends 'Umrah and resolves upon it, he must enter ihram from the miqat he passed. If he is from the route of Ta'if, or from the route of Najd, he enters ihram from al-Sail, Wadi Qarn. If he is from the route of al-Madinah, he enters ihram from the miqat of al-Madinah. If he is from the route of Yemen, he enters ihram from the miqat of Yemen, Yalamlam. If he is from the route of the western coast, he enters ihram from Rabigh, al-Juhfah. If he hesitates and comes to Jeddah hesitating whether to perform 'Umrah or not, without having a firm decision, he enters ihram from Jeddah when he resolves, and he does not need to return to the miqat. Even if he comes to Jeddah from al-Madinah, or from Yemen, or from Abha, or from elsewhere, without having a firm decision, hesitating whether to enter ihram or not; if he intends 'Umrah and resolves upon it, or Hajj, he enters ihram from his location, due to his saying (peace and blessings be upon him):
And whoever is below that - meaning: below the miqats - his place is from where he initiated
ومن كان دون ذلك - يعني: دون المواقيت - فمهله من حيث أنشأSo you, when you softened your resolve regarding 'Umrah, and went from Ta'if to Jeddah without the intention of 'Umrah, if you had entered ihram from Jeddah, there would be no blame on you and it would suffice. But if you had intended 'Umrah while you were in Ta'if, and resolved upon it, and went to Jeddah with the intention of 'Umrah; then you are obligated to return to the miqat, and enter ihram from the miqat if you intend 'Umrah and resolve upon it. If you do not do so, then a blood sacrifice is upon you.
As for the situation you described, you went to Jeddah hesitating, then resolved to abandon it, there is no blame on you. Even if you went to Jeddah intending 'Umrah, then softened your resolve, you owe nothing; because you owe nothing; because you did not start it.
The presenter: May Allah reward you with good. Does this ruling you have graciously given, O Shaykh, include all members of the family?
The Shaykh: Yes, all of them. As for the one who has not reached puberty, nothing is obligatory upon him. The one who has not reached puberty is not obligated to enter ihram, but if he enters ihram, it is better. If he enters ihram with his family, if he is seven years old or more, they teach him, and it is better for him to enter ihram with his family, but he is not obligated to enter ihram until he reaches the age of discernment.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.