Intended to perform Hajj but entered Makkah without assuming Ihraam
Fatwa No: 100587

Question

AS-SALAM-ALAIKUM, MY QUESTION IS LAST YEAR MY PARENTS AND SISTER CAME TO PERFORM HAJJ THEY ARRIVED DIRECTLY IN MADINA, AFTER A WEEK THEY WERE SUPPOSE TO LEAVE FOR MAKKAH, UNFORTUNATELY ON THE DAY THEY LEFT MADINA MY SISTER HAD HER MONTHLY COURSE (MENSES) AS A RESULT SHE DID NOT MAKE INTENTION TO PERFORM UMRA, ALSO MY MOTHER ABSTAINED FROM UMRA THINKING SHE WILL PERFORM LATER WITH MY SISTER ONLY MY FATHER ENTERED IHRAM THEY WERE NOT SUPPOSE TO STAY AND WAIT FOR MY MOTHER AND SISTER AS THE WHOLE GROUP (HAJJ COMMITTEE ) HAD TO MOVE ON. THUS THEY BOTH ENTERED MAKKAH AL-MUKARAMMA WITH OUT ENTERING IN IHRAM OR WITH AN INTENTION OF UMRA. THOUGH TIME HAS PASSED I'M STILL EAGER TO KNOW WHAT WAS THE RIGHT STEP FOR THEM. PLEASE YOUR VALUABLE ANSWER WILL BE HIGHLY APPRECIATED.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

Your sister could have assumed Ihraam from the Meeqaat with her father and went to Makkah and remained in Ihraam until she finished her menses. Thereafter, she should have performed Tawaaf and Sa'y and then shortened her hair. Your mother should also have assumed Ihraam from the Meeqaat as she had no valid excuse for not doing so.

If both of them assumed Ihraam from Makkah in order to perform 'Umrah, then they should both offer a sacrifice as they passed the Meeqaat without assuming Ihraam even though they both wanted to perform 'Umrah. Delaying the 'Umrah until they became pure is evidence that they intended to perform it at the first place.

For more benefit, please refer to Fataawa 100282, 89571 and 91895.  

Allaah Knows best.

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