Is expiation (Qada') required for entering the Sacred Precinct (Haram) without assuming the state of Ihram when it was obligatory?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If a person who is obligated to assume Ihram enters the Sacred Precinct without doing so, no expiation (Qada') is required. This is the position held by Al-Shafi'i. The basis for this view is that the Ihram for entering the Haram is legislated as a form of salutation (tahiyyah) for the sacred place, and its omission results in its nullification, similar to the ruling for the salutation of the mosque (Tahiyyat al-Masjid).
Supporting text
Abu Hanifa holds that expiation is required, necessitating the performance of Hajj or Umrah. If the person performs the obligatory Hajj during that year, or a vowed Hajj or Umrah, it suffices for the Ihram of entry, based on the reasoning (Istihsan) that passing the Miqat with the intention of entering the Haram necessitates Ihram, and its omission necessitates making it up, like a vowed act.