three types. The first is one who enters it for a permissible battle, or out of fear, or for a recurring need, such as one who collects thorns, a woodcutter, a transporter of provisions, a courier, or someone who has a plot of land that necessitates frequent entry and exit. These people are not required to assume ihram because the Prophet (may Allah bless him and grant him peace) entered Makkah on the Day of the Conquest while in a state of hallal (not in ihram) and wearing a helmet on his head, as did his Companions, and we do not know of any of them who assumed ihram on that day. If we were to make ihram obligatory for everyone whose entry is frequent, it would lead to him being in a state of ihram for his entire life, which is waived due to hardship. This is the opinion of al-Shafi'i. Abu Hanifa said: It is not permitted for anyone to enter the Haram without ihram, except for those who reside closer than the miqat, because he is passing the miqat while intending to enter the Haram, so it is not permissible without ihram, just like anyone else. Our evidence is what we have mentioned, and al-Tirmidhi narrated that the Prophet (may Allah bless him and grant him peace) entered Makkah on the Day of the Conquest wearing a black turban, and he said: "This is a hasan sahih (good and authentic) hadith." Whenever such a person desires the ritual (nusuk) after passing the miqat, he shall assume ihram from his current location, like the previous category, and it contains the same differences of opinion.
The second type: Those who are not religiously obligated to perform Hajj, such as a slave, a child, and an infidel if he becomes Muslim after passing the miqat, or if the slave is emancipated, or the child reaches the age of maturity, and they desire to assume ihram; they shall assume ihram from their current location, and no damm (sacrifice) is due upon them. This is the opinion of 'Ata', Malik, al-Thawri, al-Awza'i, and Ishaq, and it is the view of the scholars of opinion (ashab al-ra'y) regarding an infidel who becomes Muslim and a child who reaches maturity. They said regarding the slave: A damm is due upon him.
(7) Al-mirah: Provisions gathered for travel and the like. (8) Al-fayj: The ruler’s messenger who travels with letters; it is also said: one who carries news from one country to another; it is an Arabized Persian word. (9) Omitted from the original. (10) In: The Chapter on What Has Been Related Regarding Banners, from the Chapters on Jihad, and in: The Chapter on What Has Been Related Regarding the Black Turban, from the Chapters on Clothing. 'Aridat al-Ahwadhi 7/177, 243. It was also narrated by Muslim in: The Chapter on the Permissibility of Entering Makkah Without Ihram, from the Book of Hajj, Sahih Muslim 2/990; Abu Dawud in: The Chapter on Turbans, from the Book of Clothing, Sunan Abi Dawud 2/376; al-Nasa'i in: The Chapter on Entering Makkah Without Ihram, from the Book of Rituals, and in: The Chapter on Wearing Black Turbans, from the Book of Adornment, Al-Mujtaba 5/159, 8/186; Ibn Majah in: The Chapter on Wearing Turbans in War, from the Book of Jihad, and in: The Chapter on the Black Turban, from the Book of Clothing, Sunan Ibn Majah 2/942, 1186; and Imam Ahmad in: Al-Musnad 3/363, 387. (11) From here to the end of his statement: "becomes Muslim," which follows, is omitted from A.
