He lives in Makkah but assumed Ihraam from Jeddah

13-2-2013 | IslamWeb

Question:

Few years before Alhamdullilah I had performed haj,during that period I was a resident of Makka but my moallim(guide to take people for haj as per Saudi laws) was from Jeddah so I was to join him from Jeddah to go for haj,accordingly I reached Jeddah without wearing ahram from Makka & wore ahram in Jeddah and joind him for haj.My question is some people say that I was to wear ahram for Makka not from jedaah ,pleas kindly answer whether I was correct or wrong & if wrong what dam I have to give for it.thanks jazakallah brother
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

The Sunnah for whoever wants to assume the state of Ihraam for Hajj while he is in Makkah, is to assume the state of Ihraam from Makkah and not go outside of it to Jeddah or to any other place. Ibn Qudaamah may Allaah have mercy upon him said: “The people of Makkah are those who are in it, whether one is a resident in it or not, because any person who came by the Meeqaat, then that Meeqaat is a Meeqaat for him. Similarly, every person who is in Makkah, then Makkah is his Meeqaat for Hajj, and if he wants to perform ‘Umrah, then his Meeqaat is (i.e. he should initiate his 'Umrah) from outside the sanctuary of Makkah; we do not know any difference of opinion on this issue.”

So, if a person went out of Makkah and assumed Ihraam outside it – like in your case as you assumed Ihraam from Jeddah – then the matter is one of the two following cases:

1- If he passes by the sanctuary of Makkah after having assumed Ihraam, like going to Mina or Muzdalifah, then such a person does not have to offer a sacrifice.

2- If he does not pass by the sanctuary of Makkah after having assumed Ihraam, like going to ‘Arafah directly without passing by Makkah or Mina, then there is a difference of opinion among the scholars regarding such a person whether or not he is obliged to offer a sacrifice. Some of them said that he is obliged to offer a sacrifice because he did not combine between (passing by) the outside and the inside of the sanctuary of Makkah; this is one of the two opinions of the Hanbali School of jurisprudence. Ibn Qudaamah may Allaah have mercy upon him said in his book Al-Mughni: “If one assumes the state of Ihraam from outside the sanctuary of Makkah and he did not pass by the sanctuary of Makkah, then he is obliged to offer a sacrifice, because he did not combine between the outside and the inside of the sanctuary of Makkah.”

However, some scholars stated that he is not obliged to offer a sacrifice because he will eventually combine between the inside and outside of the sanctuary of Makkah after standing in ‘Arafah. Shaykh Al-Islam may Allaah have mercy upon him said in Sharh Al-'Umdah: "According to the famous view (of the Hanbali School of jurisprudence), if he assumed Ihraam from outside the sanctuary of Makkah, it is permissible in one of the two opinions (of the Hanbali School of jurisprudence), and he is not obliged to offer a sacrifice whether he went back to the sanctuary or did not go back to it and continued in his state of Ihraam and went to 'Arafah…and if a person performing Hajj Tamattu’ and out of ignorance he proclaimed Hajj from At-Tan’eem and then he headed to Mina and ‘Arafah and he did not go to the House [Al-Masjid Al-Haraam in Makkah], then he is not required to do anything (i.e. he is not obliged to offer a sacrifice); this is the view chosen by Al-Qaadhi, Ash-Shareef Abu Ja’far, Abu Al-Khattaab and others, because the purpose is that they should combine between passing by the inside and outside of the sanctuary of Makkah and this will be achieved after going to ‘Arafah." [End quote]

Al-Mardaawi may Allaah have mercy upon him from the Hanbali School of jurisprudence, said in his book Al-Insaaf: “It is permissible for them to assume the state of Ihraam from the sanctuary of Makkah and from the outside it, and they are not obliged to offer a sacrifice according to the correct view of the School……and it is also narrated from Imaam Ahmad that if one assumes Ihraam from outside the sanctuary of Makkah, he has to offer a sacrifice because he assumed Ihraam from a place nearer to Makkah than any of the prescribed mawaaqeet (plural of Meeqaat), contrarily to the one who assumed Ihraam inside the sanctuary of Makkah….and he (Ibn Qudaamah) said: If he passes by the sanctuary of Makkah before going to ‘Arafah, then he is not obliged to offer a sacrifice.”

Therefore, if you passed by the sanctuary of Makkah after having assumed the state of Ihraam and before standing at ‘Arafah, then you are not obliged to offer a sacrifice, and if you did not pass by the sanctuary of Makkah, then you are obliged to offer a sacrifice according to one of the two narrations in the Hanbali School of jurisprudence, to be on the safe side. The sacrifice is slaughtering a sheep in Makkah and distributing its meat among the poor in Makkah.

Allaah Knows best.

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