What is the obligation if a person crosses the Miqat boundary intending for the rite without assuming Ihram?
General Chapter
Al-Mughni
Book of Hajj
Primary text
Whoever crosses the Miqat while intending a prescribed rite (Nusk) without entering Ihram is obligated to return to the Miqat to assume Ihram, if returning is possible, regardless of whether they crossed it knowingly or ignorantly, or whether they knew the prohibition or not. If the person returns to the Miqat and assumes Ihram from there, nothing is due from them; there is no known disagreement on this point, supported by Al-Hasan and Al-Shafi'i.
Supporting text
If one assumes Ihram from below the Miqat, a penalty (Damm) is due, whether they return to the Miqat or not. This is the view of Malik and Ibn al-Mubarak. The apparent position of Al-Shafi'i is that if they return to the Miqat, no penalty is due, unless they have already engaged in an act of Hajj, such as Wuquf or Tawaf al-Qudum, in which case the Damm is established. Abu Hanifah states that if one returns and performs the Talbiyah, the Damm is waived; otherwise, it is not. Al-Hasan and Al-Nakha'i hold that nothing is due upon one who leaves the Miqat.