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 Allaah.
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) sentme with 'Abd al-Rahmaan ibn Abi
Bakrto 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." Hesaid: "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
insidethe 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 goout
to the closest point that is outside the Haramto 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 themajority 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 isin 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
arefor the people at those very places, and besides them for those who
come thorough those places with the intentionof 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
notneed to go out to the meeqaat to enter ihraamfrom 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 anyonewho described Makkah as a meeqaat for
'umrah.
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) said in
Manaasikal-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
hekilled, 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'raanahand he
did not do 'umrah from al-Tan'eem,rather he told 'Abd al-Rahmaan ibn
Abi Bakrto 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 thechoice 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. Soeach 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 passesit, 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 scholarshe has to offer a
sacrifice and distribute its meat to the poor of
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