What is the ruling regarding assuming Ihram for someone who becomes obligated to perform Hajj/Umrah after passing the Miqat, such as a newly converted Muslim, a slave, or a minor who reaches puberty?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If a person who was not obligated to perform Hajj (slave, minor, or a disbeliever who converts after passing the Miqat) subsequently becomes obligated and intends Ihram, they assume Ihram from their current location and owe no penalty (Damm). This is the opinion of 'Ata, Malik, Al-Thawri, Al-Awza'i, and Ishaq. It is also the position of the People of Opinion regarding a converting disbeliever or a minor reaching maturity. The reasoning is that they assumed Ihram from the location where obligation first applied to them, thus resembling a resident of Mecca whose home is before the Miqat and who assumes Ihram from there. They differ from the obligated person who omits Ihram because the latter failed to fulfill a duty already incumbent upon them.
Supporting text
Abu Hanifa's companions hold that a slave owes a penalty (Damm). Al-Shafi'i holds that all three categories (convert, minor, slave) owe a penalty (Damm). Ahmad's narration regarding a converting disbeliever suggests a penalty for minors and slaves by analogy, as they crossed the Miqat without Ihram and then assumed it prematurely, thus incurring the penalty like a mature, sane Muslim.