Nasai

(1) "Those who come with the intention of Hajj and Umrah"—this is the correct view. The Hanafi opinion is that whoever goes to Makkah, regardless of the purpose, is required to assume ihram from the miqat, just as the greeting of the mosque (tahiyyat al-masjid) is required. However, the wording of the hadith does not support this position. Furthermore, the greeting of the mosque is not obligatory for every person who enters the mosque, but only for the one who intends to sit there. The same applies to those coming with the intention of Hajj or Umrah; therefore, not every individual is obligated to assume ihram.

(2) "From wherever they set out"—that is, they should assume ihram from their own home. The Hanafi opinion is that those residing within the miqat may assume ihram from anywhere before entering the boundaries of the Haram, as they wish. However, according to the ahadith, one should assume ihram from one's own home.

(3) These ahadith also indicate that these mawaqit (appointed stations) are for both Hajj and Umrah, not just for Hajj. Therefore, those residing in Makkah should also assume ihram for Umrah from their own home. However, according to the majority of scholars, those who are residents of Makkah, or who are presently in Makkah, should assume ihram for Umrah by going outside the boundaries of the Haram, into the Hill. Their evidence is the hadith of Aisha radi Allahu anha, that the Messenger of Allah sallallahu alayhi wa sallam instructed her to assume ihram for Umrah from Tan‘im (the closest boundary of the Haram towards Madinah), even though she was in Makkah. (Sahih al-Bukhari, al-‘Umrah, Hadith: 7184, and Sahih Muslim, al-Hajj, Hadith: 1211) It is possible that assuming ihram from Makkah is also permissible, but doing so from outside the boundaries of the Haram is superior. And Allah knows best.

Yalamlam is approximately 92 kilometers from Makkah Mukarramah. Nowadays, its name is Sa‘diyyah. When people from Pakistan and India travel by sea or air, they pass through the direction of Yemen, and after determining the alignment with Yalamlam, they don the ihram (pilgrim’s garb) while still in the airplane.

(1) It is not necessary for one traveling for Hajj or Umrah to pass exactly through these specified miqats; rather, he may pass from another place as well. However, when he passes by the area parallel to his nearest miqat, he should assume ihram from there.

(2) Among the miqats appointed by you, Dhu’l-Hulayfah is to the north of Makkah Mukarramah, Juhfah is also to the north, Yalamlam is to the south, Qarn al-Manazil is to the east, and Dhat ‘Irq is also to the east. And those who pass between two miqats should assume ihram from the point parallel to the nearest miqat.

Hadith Commentary:
(1)
The repetition of the aforementioned headings, along with the repetition of the hadiths of Ibn Umar and Ibn Abbas (radi Allahu anhuma), is due to the differences among the scholars and the variations in the chains of transmission of the hadiths.
(2)
From this hadith, it is understood that those people who reside within the mentioned miqat boundaries should assume ihram from their own homes.
Similarly, the people of Makkah should also assume ihram from their place of residence; they do not need to go outside into the Hill (the area outside the Haram) for this purpose.
However, those who are temporarily residing in Makkah—if they wish to perform ‘umrah—they should go to the miqat and assume ihram from there.

Hadith Commentary:
Those individuals who consider it necessary to go to Tan‘im for ‘umrah, this hadith is a proof against them, provided that they study it with a critical and investigative eye.

Hadith Commentary:
(1)
For the residents of the Indian subcontinent as well, Yalamlam is the miqat, because the inhabitants of these regions enter the boundaries of the Haram by passing alongside this mountain.
Since nowadays travel is done by airplane, when the plane passes alongside the miqat, the captain himself announces that we are passing alongside the miqat, therefore the pilgrims or those performing umrah should make the intention for ihram.
In such circumstances, the intention for ihram can be made at the time of boarding the plane, because it is possible that the announcement made from the plane may occur while the person is unaware or at that time he may be asleep. Therefore, it is better to make the intention for ihram at the time of boarding the plane.

(2)
It should be noted that the climate of Juhfah is very bad.
It has been deserted for a long time.
Instead of going there, people assume ihram from the place of Rabigh, which is adjacent to it.

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) specified these locations on the occasion of the Farewell Pilgrimage (Hajjat al-Wada‘).
(2)
There are two places known by the name Qarn: the low-lying area is called Qarn al-Manazil, and the elevated area is called Qarn Tha‘alib. Qarn Tha‘alib is not a miqat (designated station for entering the state of ihram). Similarly, Yalamlam is also the name of a mountain, which is thirty miles from Makkah, but the location of Juhfah has been abandoned by people because it is a breeding ground for epidemics. Whoever camps there is afflicted with fever, so people have adopted the location of Rabigh, which is opposite to it, as the miqat. (Fath al-Bari: 3/485) Today, Dhu’l-Hulayfah is called Bi’r ‘Ali. It is 198 miles from Makkah al-Mukarramah and ten miles beyond Madinah. This miqat is situated at a much greater distance from Makkah compared to the other miqats for those traveling to Makkah.

Hadith Commentary:
Generally, there can be three purposes for entering Makkah:
➊ The first is to enter Makkah with the intention of Hajj or Umrah.
In this case, it is unanimously agreed that entering without ihram is impermissible.
➋ The second is to enter Makkah without the intention of Hajj or Umrah, as in the case of woodcutters or vegetable sellers who come and go in Makkah.
For them, it is permissible to enter Makkah without ihram.
Due to their frequent coming and going, adhering to ihram would be a hardship for them.
➌ The third case is to enter Makkah for some necessity, but this necessity does not arise repeatedly.
In this case as well, some scholars impose the condition of ihram, because there is no hardship in it; however, the position of Imam Bukhari rahimahullah is that, in view of the aforementioned hadith, the obligation of ihram is only for the person who enters Makkah with the intention of Hajj or Umrah, and imposing the condition of ihram on others is without evidence.
From the perspective of both transmission and reasoning, the position of Imam Bukhari rahimahullah appears to be the strongest.
And Allah knows best.

Hadith Commentary:
It is understood that there is no difference between the miqat for Hajj and for Umrah.
This is precisely the objective of the chapter by Imam Bukhari rahimahullah.

Hadith Commentary:
(1)
Several points are understood from this hadith, the details of which are as follows:
➊ There is no difference between the miqat for Hajj and for Umrah.
➋ The designated miqat is for those who reside in those locations.
➌ Whoever passes through these routes will assume ihram from these locations, even if he is not a resident there.
➍ The people of Makkah will assume ihram for Hajj and Umrah from their place of residence.
(2)
If one has to go to Makkah for trade or any other purpose, then it is not necessary for him to assume ihram from these locations.
This restriction is only for those performing Hajj or Umrah.

Hadith Commentary: Benefits and Issues: The meaning of "tawqit" is to specify or determine, and the Shariah has prescribed two types of miqat for Hajj.

➊ Miqat Zamani (Temporal Miqat):
These are the months before which it is unanimously not permissible to enter into the state of ihram for Hajj. Shawwal, Dhu al-Qi'dah, and Dhu al-Hijjah are called "Ashhur al-Hajj" (the months of Hajj).

➋ Miqat Makani (Spatial Miqat):
These are the locations from which one cannot proceed further for Hajj or Umrah without entering into the state of ihram. However, before reaching these points, according to the majority, it is permissible to enter into ihram. According to Imam Ishaq rahimahullah and Dawud rahimahullah, it is not permissible. According to some Hanafis and Shafi'is, it is preferable, and according to Imam Malik rahimahullah, entering into ihram before these points is disliked (makruh). These miqat are, by consensus, five:

➊ Dhu al-Hulayfah:
This is the miqat farthest from Makkah and only ten kilometers from Madinah, and now the population of Madinah has reached up to this point.

➋ Juhfah:
This is ten kilometers from the Red Sea and is an uninhabited place, located 186 kilometers from Makkah via the valley of Jumum. Now people enter into ihram from Rabigh, which is a large city. The people of Lebanon, Syria, Jordan, Palestine, Egypt, Sudan, and Africa enter into ihram from here.

➌ Qarn al-Manazil:
This is the closest miqat to Makkah, approximately 30 miles or 45 kilometers away.

➍ Yalamlam:
This is a mountain in Tihamah, south of Makkah, and is forty miles from Makkah.

➎ Dhat 'Irq:
This is 50 miles northeast of Makkah on the route coming from Iraq.

These five miqat are for the residents of these regions and for all others who pass through them for Hajj or Umrah. Those who pass by them from a distance should enter into ihram from the point parallel (muqabil) to these miqat as they pass by. For those whose homes are within the miqat, their miqat is their own home, even for the people of Makkah, who will enter into ihram from their own homes.

According to the majority, if someone going for Hajj passes these locations without entering into ihram and does not return to enter into ihram, then a sacrificial animal (dam) becomes obligatory upon him. According to Imam Abu Hanifah rahimahullah, he will return while reciting the talbiyah. According to Imam Malik rahimahullah, if he is close, he will return, and according to Imam Ahmad rahimahullah, even if he returns, a dam will still be obligatory. According to Imam Ibn Hazm, the Hajj of one who passes the miqat without ihram is not valid.

Those who live between the miqat and Makkah must enter into ihram from their homes; if they delay, they must offer a dam. However, according to the Hanafis, entering into ihram before entering the Haram is sufficient. Similarly, for the people of Makkah, it is obligatory to enter into ihram from Makkah, but according to the Hanafis, delaying until the last boundary of the Hill is permissible. And this is contrary to the explicit hadith.

One should not delay until another miqat. For example, if a person from Syria comes to Madinah, he must enter into ihram from Dhu al-Hulayfah; he cannot delay until Juhfah. If he delays, according to the majority, he will be sinful and must offer a dam, although according to some Imams, delaying is contrary to what is best but is permissible. For the people of Makkah, for Umrah, according to the four Imams, they must go outside the Haram to the Hill to enter into ihram, but according to Allamah Sindhi, Imam Bukhari's view is that there is no need to go out to the Hill; for both Hajj and Umrah, the miqat for Makkah is Makkah itself.

Hadith Commentary: Benefits and Issues: Imam Shafi’i rahimahullah has deduced from the phrase: (man arada al-hajja wal-‘umrah) — “whoever intends Hajj or ‘Umrah” — that a person who passes through the designated stations (mawaqit) without the intention of Hajj or ‘Umrah, for example, someone who wishes to go to Makkah for some need, trade, or to meet someone, is not required to enter the state of ihram.

Imam Ibn Hazm rahimahullah and Ibn Taymiyyah rahimahullah have also adopted this position. One narration from Imam Ahmad rahimahullah is the same. According to the author of Taysir al-‘Allam, those who frequently travel between the area within the boundaries (hill) and Makkah, such as woodcutters, vegetable and fruit sellers, employees, and laborers, according to all the Imams except Imam Abu Hanifah rahimahullah, it is permissible for them to come and go without entering the state of ihram.

The correct view appears to be that those who reside within the mawaqit and need to enter Makkah daily are not required to enter the state of ihram. However, those who come from outside the mawaqit and occasionally need to enter should not pass these stations without entering the state of ihram.

Just as it is unanimously permissible for the people of Makkah, if they go outside Makkah for their needs and then enter Makkah again without ihram, likewise, if someone in need enters Makkah, there should also be, by consensus, no obligation of ihram upon them.

From the statement of ‘Allamah Sarakhsi, it is evident that this is also the position of the Hanafis. Therefore, the difference of opinion is only regarding those coming from outside the mawaqit.

According to Imam Abu Hanifah rahimahullah, Malik rahimahullah, and Ahmad rahimahullah, those coming from outside the mawaqit cannot, under any circumstance, pass these stations without entering the state of ihram. According to Imam Shafi’i rahimahullah, this restriction applies only to those who intend Hajj or ‘Umrah; for others, this restriction does not apply.

English Commentary:
1:
This is a well-known location,
which is near the Iraqi miqat "Dhat 'Irq."

Note:
(In the chain of narration, Yazid ibn Abi Ziyad is a weak narrator,
and it is also not established that Muhammad ibn Ali heard from his grandfather Ibn Abbas,
and the word "Aqiq" mentioned in the hadith is objectionable,
the correct word is "Dhat 'Irq,"
Al-Irwa: 1002,
Da'if Sunan Abi Dawud: 306)

1740. Commentary: By "the people of the East" is meant the regions to the east of Makkah, that is, Iraq and its surrounding areas. As for the valley named 'Aqiq', one is near Madinah, and the other is the one near Dhat 'Irq and opposite to it, and here the latter is intended. (Mir'at al-Mafatih, Hadith: 2554)

590 Lexical Explanation:
«بَابُ الْمَوَاقِيت» is the plural of «مواقيت» and «ميقات». By this is meant to designate a specific time or place for worship. And here, it refers to those locations which the Lawgiver (sallallahu alayhi wa sallam) has appointed for entering into the state of ihram. For one intending to perform Hajj or Umrah, it is not permissible to proceed towards the Sacred Precinct (Haram) beyond these points without donning the ihram.

«وَقَّتَ» means that a miqat was appointed for ihram. And it is derived from «تَوْقِيت», which means specification and determination.

«ذُو الْحُلَيْفَةِ» — the “ha” has a dammah (u-sound). (It is a diminutive form.) It is the miqat for those coming from Madinah Munawwarah and its adjoining areas, located at a distance of five miles from the center of Madinah Tayyibah and approximately four hundred and fifty kilometers from Makkah Mukarramah. Nowadays, it is famous by the name Bi’r Ali.

« اَلْجُحْفَة» — the “jeem” has a dammah and the “ha” is sukun (silent). It is the miqat for those coming from Syria, Turkey, and Egypt. It is the name of a place between Makkah Mukarramah and Madinah Munawwarah, near the sea, located four and a half stages from Makkah Mukarramah and five and two-thirds (i.e., nearly five and three-quarters) stages from Madinah Tayyibah, that is, about 187 kilometers northwest of Makkah. Its original name was Mihya‘ah. When a flood came, it swept everything away, and for this reason, it came to be called Juhfah, because «احتحاف» means to uproot from the root. And this is exactly what the flood did. It was a very large settlement, but now it has become deserted; therefore, nowadays, people assume ihram from Rabigh, which is a little before it, because water is available there.

«قَرْنَ الْمَنَازِلِ» — it is also called «قَرْنَ الثَّعالِبِ», or these are two separate places. It is a shiny, oval-shaped, rounded, and smooth mountain located 94 kilometers east of Makkah Mukarramah. This is the miqat for the people of Najd and those coming from the direction of Arafat.

«يَلَمْلَم» — both the “ya” and “lam” have a fathah (a-sound), and the middle “meem” is sukun (silent). It is the name of a mountain located two stages south of Makkah Mukarramah. The distance between Makkah Mukarramah and it is approximately 92 kilometers. This is the miqat for those coming from Yemen, China, Bangladesh, Afghanistan, India, and Pakistan.

«هُنَّ» — meaning these miqats and locations.

«لَهُنَّ» — for the people of the aforementioned cities.

«مِمَّنْ أرَادَ الْحَجَّ وَالْعُمَرَةَ» — who intend to perform Hajj or Umrah. This is evidence that whoever does not intend Hajj or Umrah may enter Makkah Mukarramah without ihram.

«وَمَنْ كَانَ دُونَ ذٰلِك» — and whoever is within (the area of ihram), meaning whoever resides between the miqat and Makkah Mukarramah, should assume ihram from his own location.

«مَنْ حَيْثُ أَنْشَأَ» — from wherever he departs or from wherever his journey begins, meaning he should assume ihram from his own home or town.

«حَتّٰي أهَلُ مَكَّةَ مِنْ مَّكَّةَ» — until the people of Makkah themselves assume ihram from Makkah Mukarramah. This is clear evidence that the people of Makkah should assume ihram for Hajj and Umrah from within Makkah Mukarramah.

591 Lexical Explanation:
«ذَاتَ عِرَقٍ» ‘Irq’ has a kasrah under the letter ‘ayn’. It is the name of a place located 94 kilometers to the northeast of Makkah al-Mukarramah. It is a small mountain situated to the north of Qarn al-Manazil, at the same level as Qarn al-Manazil.
«وَفِي البخاري : اَنْ عُمَرَ هُوَ الَّذِيِ وَقَّتْ ذَاتَ عِرْقٍ» And in al-Bukhari, it is mentioned that Dhat ‘Irq was designated as a miqat by Umar radi Allahu anhu. Apparently, this contradicts the marfu‘ narration of Aisha radi Allahu anha, in which it is stated that the Messenger of Allah sallallahu alayhi wa sallam designated it, whereas in the narration of al-Bukhari, it is Umar radi Allahu anhu who designated it. The reconciliation and harmonization between the two is that Umar radi Allahu anhu was perhaps not aware of the marfu‘ narration, so he exercised ijtihad (independent reasoning) in this matter, and his ijtihad turned out to be in accordance with the correct Sunnah.
«اَلْعَقيق» This is the name of a place located somewhat behind Dhat ‘Irq. It is also said that it falls within the boundaries of “Dhat ‘Irq.” Every valley that has been widened by a flood is called «عقيق», which is derived from «عق», meaning “to tear apart.” By “people of the east” are meant the people of Iraq and those who pass through their route. The reconciliation between the two ahadith is that “Dhat ‘Irq” is the obligatory miqat, and “Aqiq” is the recommended miqat, because it is also from Dhat ‘Irq.

Benefits and Issues:
➊ It should be remembered that the valley of Marr al-Zahran, which is nowadays well-known as Wadi Fatimah, begins on the eastern side of Makkah facing Ta’if, and ends in the south near the Red Sea, close to Jeddah in the west. There are two edges to this valley on the east. One is the southern edge, which is on the way to Ta’if, near the large valley before Nakhla Yamaniyyah, and this is called Qarn al-Manazil. When the people of Ta’if and Najd intend to go to Makkah, they pass through here. The other is the northern edge, near Darbiyyah, which is called Dhat ‘Irq, from where the people of Iraq and the northern people of Najd pass, and these two edges are opposite each other, but there is a great distance between them, and both are at an equal distance from Makkah al-Mukarramah. Umar radi Allahu anhu, in designating Dhat ‘Irq as a miqat, exercised ijtihad, which was in complete accordance with the needs of the local people and the ease provided by the Shari‘ah. When his ijtihad matched the miqat designated by the Prophet sallallahu alayhi wa sallam, it became a case of “light upon light.”
➋ It should also be remembered that if a person travels by a route where none of these five miqats is located, then he should assume ihram from the point where he passes parallel to any of the miqats. Umar radi Allahu anhu designated Dhat ‘Irq for the people of Iraq precisely because it was parallel and at the same level as the other miqats. All scholars are agreed upon this principle and rule. The meaning of parallel and at the same level is that the miqat is situated to the right or left of a person as he is heading towards Makkah. To clarify, if we connect all five miqats with a line, Makkah al-Mukarramah would be encircled from all sides by this line. Therefore, whenever anyone approaches Makkah from any place other than these miqats, it is necessary that he will cross this line which connects to another miqat. This line is, in fact, the line of parallel and equivalence to the miqat. Thus, when a pilgrim is outside this line, he is in the afaq (outer regions), and ihram is not obligatory upon him. But when he passes by this line, he is at the parallel of the miqat, so it is not permissible for him to proceed further without ihram. All these miqats are on land, and the lines connecting them are also on land. Therefore, as long as a person is traveling by sea, he will not be at the parallel of these miqats. This situation will only arise when he completes his sea journey and sets foot on land. From our research, it becomes clear that pilgrims from Pakistan and India who travel for Hajj by sea are not obliged to assume ihram before reaching Jeddah, because during the sea journey, they neither pass through any miqat nor parallel to any miqat. Their ship is also about a hundred miles away from the limits of the miqat and its parallels, such as Yalamlam, so it is not obligatory for them to assume ihram at that point. Their example is like that of a person traveling from Khurma to Ta’if, or from Lith to Ta’if, or from Madinah Tayyibah or Khaybar to Yanbu‘ by a route other than Dhu’l-Hulayfah; in all these cases, the miqat will come to his right or left, but he has not yet reached the parallel of the miqat, as he is still behind the limits of the miqat. Similarly, as long as a person is traveling by sea, he will remain behind the limits of the miqat and will not be at its parallel until he disembarks at Jeddah, because the line connecting Yalamlam and Juhfah lies towards Makkah, a little ahead of Jeddah near the sea.