Passing the miqat without ihram

Aug 4, 2021 | Hajj, Ihram, Pilgrimage, Umrah

Q: If someone passes the miqat before wearing ihram how do they rectify this, and is a sacrifice necessary?

Hanafi:

“It is not permitted for a person who is from outside of the boundaries to cross them unless he is in ihram if he intends to enter Mecca. If he passes them without ihram then a sheep is binding upon him. If he returns and puts on the ihram from the boundary then the sacrifice is omitted and if he put on the ihram for hajj or umrah (inside the boundary) then returns back to it making talbiyah it is also omitted, but if he returns after touching the stone and starting tawaf then it is not omitted.”[1]

Maliki:

“For the one who intends to perform a rite, his passing of the boundary without ihram is not permitted. They (the ulama) never differed about the misdemeanour of the one who purposely traverses the boundary without ihram and he intends hajj nor that it is not permitted for him to enter Mecca except in ihram. Then if he passes it, if he is close, he returns and puts on the ihram and nothing is due upon him. If he is far away and did not enter Mecca, he returns and puts on the ihram and nothing is due upon him according to the famous position. The apparent wording of ‘al-Mudawwanah’ is even if he drew near to Mecca, but the famous position is that if he drew near to Mecca he doesn’t return, he puts on the ihram, and a sacrifice is binding upon him just like the one who enters Mecca.”[2]

Shafi’i:

“Whoever reaches a boundary not intending a rite then he intends one then his boundary is his location. If he arrives intending then his passing of it is not permitted without ihram. If he does this then returning is binding upon him in order for him to put on the ihram at it unless the time is restricted or the path is dangerous. If he does not return then a sacrifice is binding upon him. If he put on the ihram and then returned, the sounder position is that if he returns before carrying out a rite then the sacrifice is omitted and if not then no.”[3]

Hanbali:

“It is not lawful for a free legally responsible Muslim if he intends Mecca or a rite to pass the boundary without ihram except for permissible war engagement, fear, a need that is repeated like collecting firewood and what is similar to it. If he passes for something else then he must return and put on the ihram from it if he doesn’t fear missing the hajj or fear for his person and if he puts on his ihram from his location then a sacrifice is binding upon him. If he passes it as someone not legally responsible and then he becomes legally responsible, he puts on the ihram from his location.”[4]

Answered by Shaykh Bilal Brown

 

[1] (Al-Ikhtiyar li Ta’lil al-Mukhtar, Chapter of Hajj).

[2] (Sharh Zarruq ala matn al-Risalah, Chapter of Hajj and Umrah).

[3] (Minhaj al-Talibin, Chapter on Boundaries).

[4] (Rawd al-Murbi’, Chapter of Boundaries).

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