What applies when an individual enters Makkah to perform rituals for someone else, or mixes personal and representative rituals regarding exiting to the Miqat for subsequent independent rituals?

General Chapter

Al-Mughni

Book of Hajj

Book 11 · Issue 6 · Bab 1

Open in Qurani

Primary text

In all scenarios—such as entering Makkah to perform Hajj for another and then intending Umrah for oneself, or performing Hajj for oneself and then Umrah for another, or entering with Umrah for another and intending Hajj or Umrah for oneself—the person must exit to the Miqat and assume Ihram from there. If this is not done, a penalty blood sacrifice is due. This is based on the view that when one crosses the Miqat intending a ritual without assuming Ihram for oneself (but for another), the ruling of one who crosses the Miqat without any Ihram applies, requiring a sacrifice if the subsequent Ihram is taken from within the boundary.

Supporting text

The apparent meaning of the statement by Al-Khiraqi suggests that exiting to the Miqat is not obligatory in these cases, as anyone present in Makkah is treated like a resident, and since their presence in Makkah is permissible, they resemble the resident Makkis. The ruling imposed by Al-Qadi, which requires exiting to the Miqat, is considered an arbitrary imposition unsupported by explicit textual evidence, and its underlying rationale is flawed because it does not necessarily require the intention for one's own ritual when crossing the Miqat, does not cover the case of performing for others, would compel the *Mutamatti'* and *Mufrid* who cross the Miqat intending a different ritual, and misinterprets the reason for the penalty on one who crosses without Ihram (which is doing what is unlawful and neglecting the required Ihram at its proper station).