Is Ihram obligatory for one who crosses the Miqat without intending to perform a ritual (Hajj or Umrah)?
General Chapter
Al-Mughni
Book of Hajj
Primary text
Ihram is not obligatory upon one who crosses the Miqat but intends to enter the Haram area for a need other than pilgrimage, such as Jihad, or other travel. This is the position of Malik, Al-Thawri, Al-Shafi'i, and the two companions of Abu Hanifa. This is evidenced by the Prophet's (PBUH) traveling for Jihad and other matters, passing by Dhu al-Hulaifa without assuming Ihram, and the Companions doing the same. If such a person subsequently decides to perform the ritual, they assume Ihram from their current location without penalty. This is supported by the Prophet's saying: 'They are for them, and for anyone who passes by them who was intending Hajj or Umrah.' Furthermore, imposing a requirement to return to the Miqat upon forming the intent to perform a ritual contradicts the ruling that one whose home is before the Miqat assumes Ihram from their home.
Supporting text
A narration from Ibn al-Mundhir attributes to Ahmad that if a person intending travel for a need crosses Dhu al-Hulaifa and then intends Hajj, they must return to Dhu al-Hulaifa to assume Ihram, thereby incurring a penalty (Damm) for having assumed Ihram from a location short of the Miqat, similar to one who intends to enter the Haram for ritual purposes.