Assuming Ihram for Hajj and `Umrah from the Miqat

Q 5: An employee was on a business trip from Tabuk to Makkah for an official work. He had to enter Makkah without assuming Ihram (ritual state for Hajj and ‘Umrah), and then he returned to Jeddah for a short period of time. He assumed Ihram from Jeddah and returned all the way back to Makkah to perform ‘Umrah. What is the opinion of Your Eminence, does this count as ‘Umrah?

A: Anyone who passes through one of the Miqats (sites for entering the ritual state for Hajj or ‘Umrah) authentically reported from the Messenger of Allah (peace be upon him) or passes along a route in line with or parallel to the Miqat, whether by air, land, or sea, and he has the intention to perform Hajj or ‘Umrah, is obliged to enter the state of Ihram. If he does not want to perform Hajj or ‘Umrah, he does not have to enter the state of Ihram. If he has stepped beyond the Miqat without having intended to perform Hajj or ‘Umrah, then he later intended to perform Hajj or ‘Umrah while in Makkah or Jeddah, he may enter Ihram for Hajj from where he intended in Makkah, or Jeddah, for example. As for ‘Umrah, if he intends it while outside Al-Haram (all areas within the Sacred Sanctuary of Makkah), he may enter Ihram from wherever he makes the intention. If he intends it while inside Al-Haram, he should go out and enter Ihram for ‘Umrah from the closest Hil (all areas outside the Sacred Sanctuary of Makkah). This is the basic rule as far as the Miqat for Ihram is concerned. If the said person intended to perform ‘Umrah while in Jeddah and not when passing by the Miqat, then his ‘Umrah is valid and nothing is required of him.The basic principle in this regard is the Hadith narrated on the authority of Ibn ‘Abbas (may Allah be pleased with him) who said: The Messenger of Allah (peace be upon him) defined the Miqat of the people of Al-Madinah as Dhul-Hulayfah; that of the people of the Levant (the region covering Syria, Lebanon, Jordan, and Palestine) as Al-Juhfah; that of the people of Najd as Qarn Al-Manazil; and that of the people of Yemen as Yalamlam. He (peace be upon him) said, ‘These Miqats are for the people of these very places and also for the non-indigenous people who come through these places with the intention of performing Hajj and ‘Umrah; and whoever is living within these boundaries can enter Ihram from his home place, and the same applies to the people of Makkah who may enter Ihram from Makkah.’ (Part No. 11; Page No. 123)  (Agreed upon by Al-Bukhari and Muslim) It is also narrated on the authority of ‘Aishah (may Allah be pleased with her) who said: The Messenger of Allah (peace be upon him) stopped at Al-Muhsib. He (peace be upon him) called ‘Abdul Rahman ibn Abu Bakr and said to him, ‘Take your sister out of the Haram (the Sanctuary) and let her enter Ihram for ‘Umrah, then let her circumambulate the Ka‘bah. I will wait for you both here.’ She said, ‘So, we went out and I entered Ihram, then I circumambulated the Ka‘bah and did Sa‘y between Safa and Marwah. Then we came to the Messenger of Allah (peace be upon him) at his camp in the middle of the night.’ He (peace be upon him) said, ‘Have you finished?’ I said, ‘Yes.’ He (peace be upon him) gave his Sahabah (Companions of the Prophet) permission to move on. Then he (peace be upon him) went out to the Ka‘bah and circumambulated it before Fajr (Dawn) Prayer, then he (peace be upon him) left for Madinah. (Agreed upon by Al-Bukhari and Muslim) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.