Source: Fatawa Arkan-e-Islam
What is the Shar'i ruling regarding a person who passes the Miqat without entering into the state of Ihram?
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ʾAmma ba‘d!
A person passing the Miqat without Ihram may fall under one of the following two situations:
✿ If someone is traveling with the intention of Hajj or Umrah, then it is obligatory for him to enter the state of Ihram before reaching the Miqat.
✿ If he passes the Miqat without Ihram, he has abandoned one of the obligations (wājibāt) of Hajj.
✿ In this case, according to the scholars, he is required to offer fidya (compensation).
✿ The fidya is as follows:
❀ He must slaughter one animal,
❀ It should be slaughtered in Makkah,
❀ And its meat should be distributed among the poor of Makkah.
✿ If a person does not intend to perform Hajj or Umrah, then he is not obligated to enter into Ihram.
✿ Whether he stays away from Makkah for a long or short period, no fidya is due upon him.
✿ To obligate Ihram in such a situation would imply making Hajj or Umrah obligatory more than once in a lifetime, whereas in Shari‘ah, Hajj and Umrah are only obligatory once; the rest are voluntary.
✿ Among the various opinions of the scholars, the strongest and most correct view is that a person with no intention of Hajj or Umrah is not required to wear Ihram.
ھذا ما عندي والله أعلم بالصواب
❖ Question
What is the Shar'i ruling regarding a person who passes the Miqat without entering into the state of Ihram?
❖ Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ʾAmma ba‘d!
A person passing the Miqat without Ihram may fall under one of the following two situations:
① First Situation: If the Person Intends to Perform Hajj or Umrah
✿ If someone is traveling with the intention of Hajj or Umrah, then it is obligatory for him to enter the state of Ihram before reaching the Miqat.
✿ If he passes the Miqat without Ihram, he has abandoned one of the obligations (wājibāt) of Hajj.
✿ In this case, according to the scholars, he is required to offer fidya (compensation).
✿ The fidya is as follows:
❀ He must slaughter one animal,
❀ It should be slaughtered in Makkah,
❀ And its meat should be distributed among the poor of Makkah.
② Second Situation: If the Person Has No Intention of Performing Hajj or Umrah
✿ If a person does not intend to perform Hajj or Umrah, then he is not obligated to enter into Ihram.
✿ Whether he stays away from Makkah for a long or short period, no fidya is due upon him.
✿ To obligate Ihram in such a situation would imply making Hajj or Umrah obligatory more than once in a lifetime, whereas in Shari‘ah, Hajj and Umrah are only obligatory once; the rest are voluntary.
✿ Among the various opinions of the scholars, the strongest and most correct view is that a person with no intention of Hajj or Umrah is not required to wear Ihram.
ھذا ما عندي والله أعلم بالصواب
