Category: The Book of Hajj Rites The Laws of 'Umrah

The Person who resides in Makkah, if he wants to perform 'Umrah, he assumes Ihram from outside the Sacred Area

Question :

Whoever intends to perform 'Umrah from the people of Makkah who live there and those who come there, from where does he assume Ihram? Does he assume Ihram from Makkah or from outside the Sacred Area or from the Miqat of his land? I hope for acquiring the reward in your beneficial answer along with some explanation of the evidence regarding this.

Answer:

Whoever wants to perform 'Umrah from those who live in Makkah, whether he is of those who settled there or those who have come there temporarily, it is legislated for him to assume Ihram from outside of the Sacred Area. This is because when 'A'ishah desired to perform 'Umrah while she was in Makkah during the Farewell Hajj, the Prophet ﷺ ordered her to go out of the Haram area and he sent her brother 'Abdur- Rahman with her. So, she assumed Ihram from At-Tan'im, and it is known today as the Mosques of 'A'ishah. Some of the people of knowledge have gone with the opinion that there is no 'Umrah for the people of Makkah, because when the Prophet ﷺ conquered Makkah during Ramadhan, he did not perform 'Umrah from outside of Makkah. The correct view is the first opinion and it is the view of the majority of the people of knowledge due to what preceded from the Hadith of 'A'ishah. Because the Prophet ﷺ left off performing 'Umrah from outside of Makkah during the year of the Conquest, this does not prove that this is not legislated. This is because he might leave off something due to numerous reasons and while ordering some of his Companions to perform it, so that the 'Ummah would know that it is legislated. This is just as he ordered Abu Hurairah and Abu Ad-Darda' to offer the Dhuha prayer while he himself did not always perform it. This is also like him informing that the best fast is the fast of Dawud, which is to fast a day and not fast the next day, but he himself did not do that due to reasons that dictated that. Perhaps among those reasons was fear of hardship upon his Ummah. Concerning the Hadith of Ibn 'Abbas that is agreed upon as being authentic, and that alludes to whoever is within the Mawaqit assuming Thram for Hajj and Umrah from wherever he sets out (i.e., his residence), this is specifically for Hajj in regards to the residents of Makkah. In reference to 'Umrah, what is obligatory is that they (the residents of Makkah) assume Ihram for it from outside of the Sacred Area due to the previous Hadith of 'A'ishahin combining between the two Hadiths. And Allâh is the Giver of success.

Source:
Ash-Shaykh Ibn Baz283
Fatawa Islamiyah, Vol. 4 Pages 281-282