It differs from the case where he returns before his ihram and assumes it from there, for he did not omit the ihram from it, nor did he violate it.

Section: If a person in the state of ihram, having assumed it from closer than the miqat, spoils his Hajj, the damm (sacrifice) does not cease to be due upon him. This is the opinion of al-Shafi'i, Ishaq, Abu Thawr, and Ibn al-Mundhir. Al-Thawri and the scholars of opinion (ashab al-ra'y) said: It is remitted, because making up the Hajj (qada') becomes obligatory. Our evidence is that the damm is incumbent upon him by virtue of this initial ihram, so it is not remitted by the obligation to make up the Hajj, just as with the remainder of the rites and the penalty for hunting (jaza' al-sayd).

Section: As for the one who passes the miqat without intending to perform a ritual (nusuk), there are two categories: The first is that he does not intend to enter the Haram (the sacred precincts), but rather seeks a need elsewhere; this person is not required to assume ihram, without disagreement, and nothing is due upon him for omitting it. The Prophet (may Allah bless him and grant him peace) and his Companions came to Badr twice, and they would travel for jihad and other purposes, passing by Dhu al-Hulayfah without assuming ihram, and they saw no harm in that. Then, whenever he develops an intention for ihram and his resolve for it is renewed, he assumes ihram from his location, and nothing is due upon him. This is the apparent view of al-Khiraqi, and it is the opinion of Malik, al-Thawri, al-Shafi'i, and the two companions of Abu Hanifa. Ibn al-Mundhir narrated from Ahmad regarding a man who leaves for a need while not intending Hajj, and he passes Dhu al-Hulayfah, [then he desires to perform Hajj, he must return to Dhu al-Hulayfah] to assume ihram. Ishaq held this opinion as well, arguing that he assumed ihram from closer than the miqat, so a damm is binding upon him, like one who intends to enter the Haram. The first view is more correct. Ahmad's statement is interpreted as applying to one who passes the miqat while he is among those for whom ihram is obligatory, based on the saying of the Prophet (may Allah bless him and grant him peace): "They are for them, and for anyone who comes upon them from other than their people, who intends Hajj or 'Umrah." Furthermore, he happened to be closer than the miqat under permissible circumstances, so he is permitted to assume ihram from there, like the people of that place. Moreover, this opinion would lead to the conclusion that whoever resides closer than the miqat, if he goes out to the miqat [then returns to his residence and wishes to assume ihram, he would be required to go out to the miqat], and there is no one who holds this. It is also contrary to the statement of the Messenger of Allah (may Allah bless him and grant him peace): "And whoever resides closer than the miqat, his place for assuming ihram is from his family." The second category: Those who intend to enter the Haram, whether to Makkah or elsewhere, are divided into