His father assumed Ihraam from Jeddah
Fatwa No: 101583

  • Fatwa Date:21-11-2007 - Thul-Qi'dah 12, 1428
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Question

my parents performed hajj long time back,but he put ihram in jeddah,as he was not aware,now whether he has to give expiation for that ?what is the ruling on expiation,only we have to offer sacrifice and feed poor in haram area,is there any othere option for expiation,as now very difficult to offer sacrifice in makkah,as they are now in home country,is there any online facility to offer sacrifice for expiation in makkah?so that they can pay online for sacrifice in makkah.

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.

 

If your father intended to perform Hajj from his country, then he was obliged to assume Ihraam from the Meeqaat or in the plane when nearing the borders of the Meeqaat. Assuming Ihraam from the Meeqaat is one of the obligations of Hajj, and whoever does not do so is obliged to offer a sacrifice in Makkah, and this sacrifice should be distributed amongst the poor of Makkah. This applies to a person regardless whether he neglected assuming Ihraam deliberately, or out of forgetfulness, or out of ignorance. However, the person who deliberately neglects assuming Ihraam is sinful whereas a person who forgets or does not know the ruling is not sinful.

For more benefit, please refer to Fatwa 89571.

The fact that you are living in another country does not exempt your father from the sacrifice which your father is obliged to offer. You may appoint someone to do this on behalf of your father. You will certainly find someone in your country who intends to perform Hajj or 'Umrah and can entrust him with the task, but we are not aware if this service is available on the internet.

Finally, it should be mentioned that if your father only initiated the intention of performing Hajj when he was in Jeddah, and he did not intend to perform Hajj as he was coming from his country, then his Meeqaat was Jeddah and he should have assumed Ihraam from there. In this case he is not obliged to offer a sacrifice.

Allaah Knows best.

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