Those whom it is allowed for them to pass by the Miqat without assuming Ihram
Question :
Who is allowed to pass the Miqat without Ihram and who is not allowed, and what must the person do who passes the Miqat without Ihram?
Answer:
It is reported in the Sahih from Ibn 'Abbas that the Messenger of Allâh designated the Migat for the people of Al-Madinah as Thul-Hulayfah, for the people of Ash-Sham as Al-Juhfah, for the people of Najd as Qarnul-Manazil and the people of Al-Yemen as Yalamlam. Then he said:
"They are for them and whoever passes by them from other than their people, from those who intend to perform Hajj and "Umrah."
This Hadith is an evidence that whoever passes these Mawaqit intending to go to Makkah to perform the rites of Hajj or 'Umrah, he must assume Ihram. If he has no desire or intent, but he only intends to go to Makkah to visit a relative or for a specific reason, it is permissible for him to pass the Miqat if he is a person who repeatedly passes through it. This is like a person who is a woodcutter, a mail carrier, a hired driver and similar people. In all circumstances Ihram is only required for whoever passes the Miqat while intending to go to Makkah for Hajj or 'Umrah. Whoever passes the Miqat without assuming Ihram then he must return to the Miqat to assume Ihram from there. If the person lands in an airplane in Jeddah, he rides in a car to the Miqat of the people of Najd and he assumes Ihram from there. If he assumes Ihram from Jeddah while intending to perform Hajj and 'Umrah, he must slaughter an animal to make up for his passing the Miqat (without fram).
Source:
Ash-Shaykh Ibn Jibreen
Fatawa Islamiyah, Vol. 4 Pages 85-86
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