What is the ruling for one who assumes the state of Ihram for Umrah from within the Haram boundaries?
General Chapter
Al-Mughni
Book of Hajj
Primary text
The Ihram for Umrah is validly initiated from within the Haram. However, a penalty (Damm) is obligatory for neglecting to assume Ihram from the designated Miqat. If the pilgrim subsequently leaves the Haram area (to the Hill) before performing Tawaf and then returns, the Umrah is valid because the requirement of combining the Hill and the Haram has been met. If the pilgrim completes the Umrah without leaving for the Hill, the Umrah is also valid because the essential pillars have been performed, and the lapse regarding the Miqat is rectified, similar to one performing Hajj assuming Ihram from below the Miqat.
Supporting text
The second opinion invalidates the Umrah because it is a prescribed rite (Nusk) that requires combining the Hill and the Haram, like Hajj. In this view, the current Tawaf is null, and the pilgrim remains in the state of Ihram until leaving for the Hill to perform Tawaf and Sa'i thereafter.