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[The Ruling on One Who Passed the Miqāt without Iḥrām and Then Returned to His Family]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18122
Number of views: 3
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[The Ruling on One Who Passed the Miqāt without Iḥrām and Then Returned to His Family]
Fatwa number: 18122
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Question

Question: The scholars of the madhhab stated that one who intends Hajj or ʿUmrah and passes the miqāt without entering iḥrām, then returns to his family, must make up what he had intended—Hajj or ʿUmrah—and that it does not count for his obligatory Hajj of Islam.

Answer

I say: What appears to me—and Allah knows best—is that making up [a rite] is not obligatory, because the Qurʾān only obligated completing what a Muslim has entered into of Hajj or ʿUmrah, in His saying: “And complete the Hajj and ʿUmrah for Allah.” [al-Baqarah:196]. Entering into Hajj and ʿUmrah is by iḥrām, and the person mentioned in the question had not entered iḥrām. The default is that one’s liability is free of obligation.I say: What appears to me—and Allah knows best—is that making up [a rite] is not obligatory, because the Qurʾān only obligated completing what a Muslim has entered into of Hajj or ʿUmrah, in His saying: “And complete the Hajj and ʿUmrah for Allah.” [al-Baqarah:196]. Entering into Hajj and ʿUmrah is by iḥrām, and the person mentioned in the question had not entered iḥrām. The default is that one’s liability is free of obligation.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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