Intending to perform Hajj or `Umrah while living outside the Miqats

Q 1, 2: A person went to perform `Umrah (lesser pilgrimage) and for many years, he used to leave Riyadh and go to Masjid Al-Tan`im where he assumed the state of Ihram (clothing worn during the ritual state for Hajj and `Umrah). He performed `Umrah many times in this manner. His late wife, his children, mother-in-law and father-in-law also used to accompany him and did the same. After leaving Riyadh to Al-Tan`im, he used to assume Ihram for his first `Umrah and after completing his `Umrah, he used to come back to Masjid Al-Tan`im where he assumed Ihram again and began a new `Umrah on behalf of some dead people. Please, advise about what is due on him. May Allah reward you.Another person came to Jeddah bound for Riyadh but on the next day, he went to Makkah and assumed Ihram from Masjid Al-Tan`im and then came back to Jeddah and traveled to Riyadh. What should he do? May Allah reward you.

A: It is obligatory upon a person who intends to perform Hajj or `Umrah, when living outside the Miqats (sites for entering the ritual state for Hajj or `Umrah), to enter Ihram for Hajj or `Umrah from the prescribed Miqat by which he passes by on his way (Part No. 10; Page No. 92) or comes parallel to it if it is not on his way or if he is aboard a plane. It is impermissible for him to pass the prescribed Miqat without entering into the state of Ihram, because the Prophet (peace be upon him) said: Those (Miqats) are meant for the people who live at these (places) and for those who pass by them for the sake of Hajj or `Umrah. And those who live within them (within the boundaries of these places), they should enter into the state of Ihram at these very places. Even the people living in the region of Makkah should start their Ihram from their very place in Makkah. (Agreed upon by Al-Bukhari and Muslim)The person in question and those in his company should have entered into the state of Ihram from Qarn Al-Manazil, which is now called Al-Sayl Al-Kabir, because it is the prescribed Miqat for him. Thus, their Ihram for `Umrah from Al-Tan`im was a mistake, because they passed their prescribed Miqat without Ihram. However, their `Umrah is acceptable, but each of them must offer a sacrificial animal as expiation for each `Umrah done after passing the Miqat without Ihram while intending `Umrah and assuming Ihram from Al-Tan`im. This is because they missed an obligatory act that should be observed in `Umrah, namely passing by the Miqat without Ihram. Abandonment of any obligatory act entails the expiation of slaughtering a sacrificial animal, i.e., a ewe for each time this obligation was neglected. The expiation may be a ewe that meets the same conditions for an Ud-hiyah (sacrificial animal offered by non-pilgrims), or 1/7 of a camel or a cow driven by pilgrims to be offered as a sacrifice within the sacred precincts of Makkah and distributed to the poor in the region of Al-Haram (all areas within the Sacred Sanctuary of Makkah). If the person is still alive, he should offer this sacrificial animal but he is dead, it should be offered from his heritage if he left property. If he left nothing, any of his children or relatives may slaughter the sacrificial animal instead of him and he will be rewarded In Sha’a-Allah (if Allah wills). That is because this takes the same ruling of the debts due on the dead person.As for the `Umrah that this person initiated from Makkah and entering into the state of Ihram from Al-Tan`im, there is nothing wrong with that, as he did what is legally permissible for him. That is because it is permissible for someone living in (Part No. 10; Page No. 93) Makkah or just visiting it while they have no intention to perform Hajj or `Umrah to perform `Umrah and enter into Ihram from the nearest point of Al-Hil (all areas outside the Sacred Sanctuary of Makkah) to perform `Umrah while they are in Makkah. Al-Tan`im is the nearest point of Al-Hil to Al-Haram. Similarly, if someone comes to Jeddah from Riyadh, or from any other place while having no intention to perform Hajj or `Umrah and then intends to perform Hajj or `Umrah, their Miqat will be Jeddah. They should start Ihram from it but if they miss Ihram in it and assume it from Al-Tan`im, they have to offer a sacrificial animal as expiation as previously clarified in the beginning of the question. This is because they missed a religious duty prescribed for `Umrah.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.