When should a pilgrim performing Hajj intending from Mecca (Mutamatti' or resident) assume Ihram?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
It is recommended that those residing in Mecca, whether having completed Umrah (Mutamatti') or permanent residents, assume Ihram for Hajj on the Day of Tarwiyah (the 8th of Dhul Hijjah) when setting out for Mina. This view is supported by Ibn Umar, Ibn Abbas, Ata, Tawus, Sa'id bin Jubayr, and Ishaq. The evidence is the narration from Jabir stating the Prophet (PBUH) commanded them, after completing Umrah, to assume Ihram when proceeding to Mina, and specifically on the Day of Tarwiyah, they assumed Ihram for Hajj while placing Mecca behind them. Furthermore, Ibn Umar affirmed he did not see the Prophet (PBUH) assume Ihram until his mount was set in motion, supporting that the timing relates to departure for Mina. It is established that the location for Ihram for the people of Mecca is general, and assuming Ihram before the Day of Tarwiyah is permissible.
Supporting text
An alternative view, narrated from Umar (may Allah be pleased with him), suggests that the people of Mecca should assume Ihram upon seeing the crescent moon of Dhul Hijjah. This is also the madhab of Ibn Zubayr. Malik stated that if one is in Mecca, it is preferred that they assume Ihram from the Masjid upon the sighting of the Dhul Hijjah crescent.