Is it permissible for a mature, accountable Muslim who is not entering the Haram for permissible combat or repeated necessity to cross the Miqat without Ihram?
General Chapter
Al-Mughni
Book of Hajj
Primary text
It is not permissible for an accountable person entering the Haram for reasons other than permissible combat or repeated necessity to cross the Miqat without assuming Ihram. This is the position of Abu Hanifa and some followers of Al-Shafi'i. If such a person intends the ritual after passing the Miqat, they must return to the Miqat to assume Ihram; assuming Ihram from a location before it incurs a penalty (Damm), similar to one intending the ritual from the beginning.
Supporting text
Some scholars hold that Ihram is not obligatory for entry. There is narration from Ibn Umar indicating he entered without Ihram. They argue that since the Haram of the City (Al-Madinah) does not necessitate Ihram for entry, neither should Mecca. They also assert that obligation stems from the Lawgiver, and if the Lawgiver did not mandate it for every entrant, the default state of permissibility remains. However, the opposing view is that if one vows (Nadhr) to enter, Ihram becomes obligatory, which would not be the case if entry itself were not generally obligatory, unlike other cities.