What is the ruling if one declares Ihram by referring to another's Ihram, but it is unknown whether the referred person made Ihram or not?
Chapter on Mentioning Ihram
Al-Mughni
Book of Hajj
Primary text
If it is unknown whether the referred person made Ihram, the ruling follows the presumption that the referred person did not make Ihram, as the default state is non-existence of the act (al-aṣl ‘adam iḥrām). Therefore, the declarant's Ihram is unrestricted (Muṭlaq), allowing him to designate it for Hajj or Umrah as he wishes. If he designates it before performing Tawaf, it is sound. However, if he performs Tawaf before designating the type of Ihram, his Tawaf is not considered valid because he performed it without being in a state of Hajj or Umrah.