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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 68552 - Issue: He said: (Whoever intends ihram but passes the Miqat without it, must return and enter into ihram from the Miqat. If he enters into ihram from his location [without returning], a damm [penalty] is upon him, even if he returns in a state of ihram to the Miqat)

Translation · EN

weakness; it is narrated by Ibn Abi Fudayk and Muhammad ibn Ishaq, both of whom are subject to criticism. It is possible that this is specific to Bayt al-Maqdis (Jerusalem) and not others, so that one may combine prayer in the two mosques (al-Masjid al-Haram and al-Masjid al-Aqsa) within a single ihram. For this reason, Ibn Umar assumed ihram from there, though he would not assume ihram from elsewhere except at the miqat. As for Umar's statement to the Dhabbi: 'You have been guided to the sunnah of your Prophet,' he meant it regarding qiran (combining Hajj and Umrah), not regarding assuming ihram before the miqat. For the sunnah of the Prophet (may Allah bless him and grant him peace) is to assume ihram from the miqat, as he clarified by his action and speech. He also clarified that his criticism of Imran ibn Husayn for assuming ihram from his city was not intended to be about that. As for the statement of Umar and Ali, they only said: 'The completion of the Umrah is that you initiate it from your country.' Its meaning is that you initiate a journey for it from your country, intending it, not that you assume the state of ihram for it from among your family. Ahmad said: Sufyan used to interpret it this way, and Ahmad likewise interpreted it this way. It is not correct to interpret it as the act of ihram itself, because the Prophet (may Allah bless him and grant him peace) and his companions did not assume ihram for it from their houses, and Allah ordered them to complete the Umrah. If their statement were interpreted that way, then the Prophet (may Allah bless him and grant him peace) and his companions would have been abandoning the command of Allah. Furthermore, Umar and Ali would not assume ihram except from the miqat. Do you think they would see that as not being its completion, and yet they would do it themselves? This is something no one should imagine. For this reason, Umar rebuked Imran for assuming ihram from his city, was severe with him, and disliked that people would hear of it for fear that it would be adopted. Do you think he disliked the completion of the Umrah and was severe against people taking the most preferred option? This is not permissible. Therefore, it is necessary to interpret their statement on this matter in the way the Imams have interpreted it, and Allah knows best.

552 - Issue: He said: (And whoever intends ihram and passes the miqat without being in the state of ihram, he shall return and assume ihram from the miqat. If he assumes ihram from his location, a damm (sacrifice) is due upon him, and if he returns while in the state of ihram to the miqat)

Notes

(10) In B and M: "fa-innahu-ma" (for they two...). (11) In M: "fa-in" (for if). (12) In A, B, and M: "laha" (for it).

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