If someone misses the designated Miqat point due to forgetfulness, inadvertence, or intentionally, they must choose one of two options:
– To return to the nearest miqat and assume the state of Ihram from there. This is the opinion of the Hanafi School. The Maliki and Hanbali schools state that one should return to the Miqat point they passed over. The Shafi’i school also suggests this option, but they add that if the distance to any other Miqat point is equal to the distance of their original Miqat, they can return to that one instead.
– To complete and perform expiation for crossing the miqat without intention, and the consensus among the majority and within the four major schools of thought is that the shedding of blood is obligatory as an expiation. This is based on the statement of Ibn Abbas (may Allah be pleased with them both): ‘Whoever forgets a part of their ritual or omits it should offer blood as compensation.’ This is the chosen opinion.
Some scholars, like Ata, Al-Nakha’i, and Al-Hasan Al-Basri, held the view that there is no expiation upon someone who abandons the state ihram from the miqat with the intention of performing Hajj or Umrah. This is based on what Ibn Battal reported in his commentary on Sharh Al-Bukhari. They argued that there is no explicit evidence supporting the expiation as well as the widespread affliction. They maintained that people’s possessions are safeguarded, and the fundamental principle is the freedom from liability. Moreover, punishment should not be applied through analogy (qiyas).
It remains to mention that this applies to those who had the intention of performing Umrah before crossing the miqat. However, if someone forms the intention after crossing the miqat, such as when they have a task or visit planned in Jeddah, they can establish their intention from their current location and are not required to return to the miqat. This is because their miqat is their place of residence and current location. This applies if their current location is outside the sacred sanctuary of Mecca. Nevertheless, if their location is within the sacred sanctuary, and they intend to perform Umrah while residing in Mecca or after completing a previous Umrah in Mecca, or if they performed Hajj in Mecca and intend to perform Umrah, then they should leave the haram of Mecca and not enter into the state of ihram within Mecca. They should exit the sanctuary for a place of like Tanim, Al-Ji’ranah, Arafat, or other similar locations outside the sanctuary, where they can then establish the intention.
Fatwa by Dr. Khālid Naṣr