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She entered ihraam for ‘umrah from Makkah. What should she do?

Question: 48955

I am a resident of Makkah and I wanted to do ‘umrah, but I did not go out to the meeqaat because my brother insisted that I did not have to do that. But I know that the meeqaats must be observed. What is the ruling? If I have to offer a sacrifice, and I want to send the meat outside the Kingdom, is that permissible?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

Whoever is in Makkah and wants to do ‘umrah has to go outside
the Haram (sanctuary) to enter ihraam for ‘umrah. It is not permissible for
him to enter ihraam for ‘umrah from Makkah. If he does that, then according
to the majority of scholars he has to offer a sacrifice, i.e., slaughter a
sheep in Makkah and distribute its meat to the poor of the Haram. 

Al-Bukhaari (1556) and Muslim (1211) narrated that ‘Aa’ishah
(may Allaah be pleased with her), the wife of the Prophet (peace and
blessings of Allaah be upon him), said: “We went out with the Prophet
(peace and blessings of Allaah be upon him) for the Farewell Pilgrimage… and
when we had finished Hajj the Prophet (peace and blessings of Allaah be
upon him) sent me with ‘Abd al-Rahmaan ibn Abi Bakr to al-Tan’eem and I did
‘umrah. 

Al-Bukhaari (1215) and Muslim (1211) narrated that ‘Aa’ishah
(may Allaah be pleased with her) said: “O Messenger of Allaah, you have done
‘umrah but I did not.” He said: “O ‘Abd al-Rahmaan, take your sister to do
‘umrah from al-Tan’eem,” so he seated her behind him on a camel and she did
‘umrah. 

According to a report narrated by al-Bukhaari and Muslim, the
Prophet (peace and blessings of Allaah be upon him) said: “Take your
sister out of the Haram and let her enter ihraam for ‘umrah.” 

Al-Nawawi said: 

“Take your sister out of the Haram and let her enter ihraam
for ‘umrah” is indicative of what the ‘ulama’ said, that whoever is in
Makkah and wants to do ‘umrah, his meeqaat is the closest point that is
outside the Haram, and it is not permissible to enter ihraam from inside the
Haram. 

The scholars said: Rather it is obligatory to go out to the
area outside the Haram so that he will be outside the Haram and then enter
the Haram, just as the pilgrim performing Hajj does both, because he stands
in ‘Arafah, which is outside the Haram, then he enters Makkah to do tawaaf
and saa’i, etc. This is the view of al-Shaafa’i. Similarly the majority of
scholars said that it is obligatory to go out to the closest point that is
outside the Haram to enter ihraam for ‘umrah, and that if a person enters
ihraam for ‘umrah from the Haram and does not go out, he must offer a
sacrifice.  ‘Ata’ said: he does not have to do anything. Maalik said: there
is no option other than going outside the Haram. Al-Qaadi ‘Iyaad said:
Maalik said: He must enter ihraam from al-Tan’eem in particular. They said:
This is the meeqaat for those who are doing ‘umrah from Makkah. But this is
an odd view that is rejected. The view of the majority is that all areas
outside the Haram are the same, and al-Tan’eem need not be singled out. And
Allaah knows best. 

But with regard to one who is in Makkah and wants to enter
ihraam for Hajj, he may enter ihraam from where he is in Makkah, and he does
not have to go outside the Haram. 

The evidence for that is the hadeeth narrated by al-Bukhaari
(1524) and Muslim (1181) from Ibn ‘Abbaas who said: The Prophet (peace
and blessings of Allaah be upon him) defined the meeqaat of the people of
Madeenah as Dhu’l-Hulayfah; that of the people of Shaam (Syria) as
al-Jahfah; that of the people of Najd as Qarn al-Manaazil; and that of the
people of Yemen as Yalamlam. And he said: “And these meeqaats are for the
people at those very places, and besides them for those who come thorough
those places with the intention of performing Hajj and ‘Umrah; and whoever
is living within these boundaries can enter Ihram from the place he starts,
and the people of Makkah can start from Makkah.” 

Al-Haafiz said:  

“ and the people of Makkah can start from Makkah” i.e., they
do not need to go out to the meeqaat to enter ihraam from there, rather they
may enter ihraam from Makkah. This applies only to the one who is doing
Hajj. As for the one who is doing ‘umrah, he has to go out to the closest
point that is outside the Haram. Al-Muhibb al-Tabari said: I do not know of
anyone who described Makkah as a meeqaat for ‘umrah. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in
Manaasik al-Hajj wa’l-‘Umrah (p. 27), after mentioning the meeqaats:
Whoever is closer to Makkah than these meeqaats, his meeqaat is the place
where he is and he should enter ihraam from there, and the people of Makkah
should enter ihraam from Makkah, except in the case of ‘umrah, when those
who live in the Haram should enter ihraam from the closest point outside the
Haram. 

Then he quoted as evidence the hadeeth of ‘Aa’ishah mentioned
above, about her doing ‘umrah with her brother ‘Abd al-Rahmaan. 

Secondly: 

It is obligatory to slaughter a sheep in Makkah and
distribute its meat to the poor of the Haram; it is not permissible to
distribute it outside Makkah. That is because Allaah says concerning the
penalty for hunting in the Haram (interpretation of the meaning): 

“O you who believe! Kill not the game while you are in a
state of Ihraam [for Hajj or ‘Umrah (pilgrimage)], and whosoever of you
kills it intentionally, the penalty is an offering, brought to the Ka‘bah,
of an eatable animal (i.e. sheep, goat, cow) equivalent to the one he
killed, as adjudged by two just men among you”

[al-Maa’idah 5:95] 

“and afterwards they are brought for sacrifice unto the
ancient House (the Haram — sacred territory of Makkah)”

[al-Hajj 22:33]

The Standing Committee
was asked about some people who entered ihraam for ‘umrah from Kada (a place
in Makkah) and did not go out to al-Tan’eem. 

They replied: 

These people who entered
ihraam for ‘umrah from Kada made a mistake, because Kada is not outside the
Haram, rather it is part of the Haram and is not like al-Tan’eem or
al-Ji’raanah, because both al-Tan’eem and al-Ji’raanah are outside the
Haram. The Prophet (peace and blessings of Allaah be upon him) did
‘umrah from al-Ji’raanah and he did not do ‘umrah from al-Tan’eem, rather he
told ‘Abd al-Rahmaan ibn Abi Bakr to go with his sister ‘Aa’ishah to enter
ihraam for ‘umrah from al-Tan’eem, because it was the closest place outside
the Haram. If it were permissible to enter ihraam for ‘umrah from inside the
boundaries of the Haram, he would have given ‘Aa’ishah permission to enter
ihraam from where she was in al-Abtah, and he would not have told her and
her brother to go to al-Tan’eem to enter ihraam for ‘umrah from there,
because that would cause unnecessary hardship when they were traveling. When
the Prophet (peace and blessings of Allaah be upon him) was given the
choice between two things, he would always chose the one that was easier so
long as it was not a sin. Comparing Kada to al-Tan’eem and al-Ji’raanah is
not correct, because entering ihraam from the meeqaats is part of the
rituals. But their ‘umrahs are still valid. So each of them has to offer a
sacrifice for entering ihraam for ‘umrah from inside the Haram. 

Shaykh Ibn ‘Uthaymeen said in Fataawa Arkaan al-Islam
(p. 515): 

Whoever wants to do Hajj or ‘umrah has to enter ihraam from
the meeqaat when he passes it, and he should not go any further without
doing so. If he does that and passes the meeqaat, then he has to go back and
enter ihraam from there. If he goes back and enters ihraam then there is no
penalty, but if he enters ihraam from where he is and does not go back, then
according to the scholars he has to offer a sacrifice and distribute its
meat to the poor of Makkah.

Source

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