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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 261Section

Translation · EN

For the Miqat (fixed time/place) of Ihram, so the people of Mecca and others are equal in it, like the spatial Miqat. If one enters into the state of Ihram before that, it is permissible.

Section: From wherever one enters into the state of Ihram within Mecca, it is valid, due to the saying of the Prophet (peace and blessings of Allah be upon him) regarding the Miqats: "Even the people of Mecca enter into the state of Ihram from it." If one enters into the state of Ihram outside of it but within the Haram (sacred territory), it is valid, due to the statement of Jabir: "And we entered into the state of Ihram from al-Abtah." It is recommended to perform during this Ihram what one performs during the Ihram from the Miqat, such as performing Ghusl (ritual bathing), cleaning oneself, removing stitched clothing, performing Tawaf of seven circuits, praying two rak'ahs, and then entering into the state of Ihram immediately after them. Among those who considered this recommended are Ata, Mujahid, Said ibn Jubayr, al-Thawri, al-Shafi'i, Ishaq, and Ibn al-Mundhir. It is not Sunnah to perform Tawaf after entering into the state of Ihram. Ibn Abbas said: "I do not consider it appropriate for the people of Mecca to perform Tawaf after they have entered into the state of Ihram for Hajj, nor to perform Sa'i between al-Safa and al-Marwa until they return." This is the school of thought of Ata, Malik, and Ishaq. If one performs Tawaf after entering into the state of Ihram and then performs Sa'i, it does not suffice for the obligatory Sa'i. This is the opinion of Malik. Al-Shafi'i said: "It suffices." Ibn al-Zubayr did this, and al-Qasim ibn Muhammad and Ibn al-Mundhir permitted it because he performed Sa'i for Hajj once, so it sufficed for him, just as if he had performed Sa'i after his return from Mina. Our evidence is that the Prophet (peace and blessings of Allah be upon him) commanded his companions to enter into the state of Ihram for Hajj when they set out for Mina. Aisha said: "We went out with the Messenger of Allah (peace and blessings of Allah be upon him), and those who had entered into the state of Ihram for Umrah performed Tawaf around the House and between al-Safa and al-Marwa, then they exited the state of Ihram. Then they performed another Tawaf after they returned from Mina for their Hajj." If Tawaf before departure were legislated for them, they would not have agreed upon omitting it.

Notes

(7) Its authentication was previously provided on page 56. (8) In the original: "min". (9) Omitted from the original. The authentication of the hadith was previously provided on page 242.

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