Abdullah: If he performs 'Umrah on behalf of another, then intends Hajj for himself, he must go out to the miqat; or if he performs 'Umrah for himself, he must go out to the miqat, and if he enters Mecca without ihram, then intends Hajj, he must go out to the miqat. The Qadi argued for this by stating that he has crossed the miqat intending the ritual while not in a state of ihram for himself, so a damma becomes incumbent upon him if he assumes ihram from inside it, just like one who crosses the miqat without ihram. Based on this, if he performs Hajj on behalf of one person and 'Umrah for another, or performs 'Umrah for one person then performs Hajj or 'Umrah for another, it is the same. The manifest meaning of the words of al-Khiraqi is that it is not incumbent upon him to go out to the miqat in any of these cases; because of what we mentioned, that everyone who is in Mecca is like a resident there, and this person is in Mecca in a state of hall (not in ihram) for a permitted reason, so he resembles the Meccan. What the Qadi mentioned is a speculative opinion (tahakkum) not indicated by any report, nor attested to by any athar (tradition), and the reasoning he mentioned is corrupt for several reasons: First, it is not necessary that he intended the ritual for himself at the time of crossing the miqat, as it may occur to him after that. Second, this does not apply to one who assumes ihram on behalf of another. Third, if this required going out to the miqat, it would be binding upon the mutamatti' and the mufrid (one performing Hajj Ifrad); because they crossed the miqat intending something other than the ritual they assumed ihram for. Fourth, the rationale in the case of one who crosses the miqat without ihram is that he committed what was not permissible for him to do and abandoned the ihram that was incumbent upon him in its place, thus assuming ihram from inside it.

Section: It is permissible to assume ihram for Hajj from any part of the Haram; because the intent behind assuming ihram for it is to combine the Hill and the Haram in the ritual, and this is achieved by assuming ihram from any place, therefore it is permissible, just as it is permissible to assume ihram for 'Umrah from any place in the Hill. For this reason, the Prophet (may Allah bless him and grant him peace) said to his Companions during the Farewell Pilgrimage: "When you wish to set out for Mina, assume ihram from al-Batha'."(13). And because in matters where the Haram is considered, the city and other places are equal, such as the slaughtering (nahr).