The obligation of assuming Ihram from the Miqat
Question :
During the month of Rajab in the year 1405 AH, I intended to perform 'Umrah and I passed without Ihram the Miqat called Yalamlam, which is the Miqat of the people of Al-Yemen. When one of the brothers met me - may Allâh reward him with good - he told me that I had to return to the Miqat to assume Ihram from there. He said: "It is not permissible for you to enter Makkah in your normal clothes.” So, I went back for a distance of about 30 km and I assumed Ihram from the Miqat. I would like for you to benefit me with an answer. Had I entered Makkah without Ihram, would I have had to sacrifice an animal? Would it have been permissible for me to assume Ihram from the place where the brother met me and told me to go back or did I have to go back to the Miqat?
Answer:
It is obligatory upon whoever intends to go to Makkah for Hajj or 'Umrah to assume Ihram from the Miqat that he passes by. It is not permissible for him to pass it without Ihram. This is due to the statement of the Prophet when he designated the Mawaqit:
"They are for them and for whoever passes by them from other than their people, from those who intend to perform Hajj and 'Umrah. Whoever is closer (to Makkah) than that, then his place of Ihram is from where he began (his journey). Even the people of Makkah assume Ihram from Makkah."
Therefore, if the Yemeni person comes by way of Yalamlam, he is obligated to assume Ihram from Yalamlam. Likewise, if he comes by way of Al-Madinah, he is obligated to assume Ihram from the Miqat of Al-Madinah. Similarly, if he came from Najd, he is obligated to assume Ihram from the Miqat of Najd, and so forth. If he passes the Miqat without assuming Ihram, he is obligated to go back to assume Ihram from it. The person who directed you to go back to Yalamlam did well. By your returning to the Miqat you did what was correct, and all praise is due to Allâh. If you had assumed Ihram from the place where you were when he told you to go back, you would have had to sacrifice an animal, because you passed the Miqat (without assuming Ihram) while intending 'Umrah. The sacrifice is a seventh of a camel, a seventh of a cow or a single sheep that has completed one year in age or a two-year-old goat. It is to be slaughtered in Makkah and distributed among the poor people of the Haram to make the 'Umrah correct. And Allâh is the Giver of success.
Source:
Ash-Shaykh Ibn Baz
Fatawa Islamiyah, Vol. 4 Pages 79-80-81
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