Section: If he assumes ihram from the Hill, one must consider: if he assumes ihram from the Hill that is adjacent to the Mawaqif (standing place at Arafat), then a damma is incumbent upon him, because he assumed ihram from within the miqat. If he assumes ihram from the other side, then proceeds toward the Haram, there is nothing upon him. Ahmad stipulated this regarding a man who assumed ihram for Hajj from at-Tan'im, saying: "There is nothing upon him." This is because he assumed ihram before his miqat, so he was like one who assumes ihram before the rest of the Mawaqit. If he assumes ihram from the Hill but does not proceed into the Haram, a damma is upon him, because he did not combine the Hill and the Haram.
Section: If he assumes ihram for 'Umrah from the Haram, his ihram for it is established, but a damma is upon him for abandoning the ihram from the miqat. Then, if he goes out to the Hill before the tawaf, and then returns, it suffices him, because he has combined the Hill and the Haram. If he does not go out until he has completed his 'Umrah, it is also valid, because he has performed its pillars, and he only erred in the ihram from its miqat, which he has atoned for, so he resembles one who assumes ihram for Hajj from within the miqat. This is the opinion of Abu Thawr, Ibn al-Mundhir, the scholars of opinion (ashab al-ra'y), and one of the two opinions of al-Shafi'i. The second opinion is that his 'Umrah is not valid, because it is a ritual, so its condition is to combine the Hill and the Haram, like Hajj. According to this view, the existence of this tawaf is like its absence, and he remains in his state of ihram until he goes out to the Hill, then performs the tawaf after that and performs the sa'y. If he shaves before that, a damma is upon him. Likewise, for everything he does from the forbidden acts of his ihram, the expiation (fidyah) is upon him. If he has sexual intercourse, he invalidates his 'Umrah, but he must continue in its invalid state, a damma is upon him for invalidating it, and he must make it up with an 'Umrah from the Hill. Then, if the 'Umrah he invalidated was the 'Umrat al-Islam (the obligatory one), its makeup suffices for the 'Umrat al-Islam; otherwise, it does not.
548 - Issue; He said: "And whoever's residence is within the miqat, his miqat is from his place."
He means that if his dwelling is closer to Mecca than the miqat, his miqat is his dwelling. This is the opinion of the majority of scholars. Malik, Tawus, al-Shafi'i, Abu Thawr, and the scholars of opinion hold this view. From Mujahid, it is said: He enters ihram from Mecca. This is not correct, for the Prophet (may Allah bless him and grant him peace) said in...
