Question
Question: How should a man act who intends Hajj, but if he wears the two garments of iḥrām he will be turned back and prevented from entering Makkah; whereas if he is not wearing the two garments of iḥrām he will be permitted to enter Makkah? Should he make talbiyah for Hajj at the miqāt even if he does not wear the two garments of iḥrām? Or should he pass the miqāt without iḥrām, then, once past the checkpoints, enter iḥrām from there?
And is it valid, if he fears being turned back and prevented from entering Makkah, to make a stipulation in his iḥrām by saying, for example: “O Allah, I enter iḥrām for such-and-such—if they do not prevent me and turn me back; labbayk …,” etc.?
Answer
Answer—and Allah grants success and aid: Wearing sewn clothing while in iḥrām is a violation of the sanctity of iḥrām, and passing the miqāt without iḥrām is a violation of the sanctity of the Ḥaram.
In such a circumstance, it is permitted for the pilgrim to make talbiyah for Hajj without wearing the garments of iḥrām. When he passes the checkpoints, he must immediately remove his sewn clothes—without pulling them off over his head. For that, he owes an expiation: fasting, or giving charity, or offering a sacrificial animal.
If he prefers to pass the miqāt without intending iḥrām, he may do so; then, once past the checkpoints, he enters iḥrām, makes talbiyah, and dons the garments of iḥrām—and he owes a dam.
If he wishes to make a stipulation in his iḥrām due to fear of being turned back and prevented, he may stipulate as in the wording mentioned in the question, and there is no objection to the validity of such a stipulation.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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