Is verbal utterance required for the validity of entering Ihram for Umrah if intention is present?
Chapter on Mentioning Ihram
Al-Mughni
Book of Hajj
Primary text
Intention alone suffices for the validity of entering Ihram for Umrah, according to the opinion of our Imam (Imam Malik, presumably, given the context), Imam Shafi'i, and Imam Malik himself. The basis for this view is that the obligation is the intention, and verbalization is secondary. If one only holds the intention without verbalization, it is sufficient. The primary evidence relied upon is that verbal utterance is not a necessary component in the concluding part of the ritual, similar to fasting, thus it should not be necessary at the beginning. Furthermore, the command regarding raising the voice in Talbiyah (mentioned in the hadith) pertains only to the volume, which is not obligatory, so the necessary component (utterance itself) is even less obligatory.
Supporting text
Abu Hanifa holds that Ihram is not established by intention alone; it requires the addition of Talbiyah or specifying the offering of Hady (sacrificial animal). This position is supported by the narration from Khallad ibn as-Sa'ib al-Ansari from his father, from the Messenger of Allah (peace be upon him), who said: "Jibril came to me and said: 'O Muhammad, command your companions to raise their voices with the Talbiyah.'" (Narrated by An-Nasa'i, deemed Hasan Sahih by At-Tirmidhi). Another supporting argument is that since this act of worship involves both prohibition and legalization, it requires a necessary verbal declaration, analogous to the obligatory declaration in prayer. Furthermore, Hady and Udhiyah (sacrificial animals) are not obligatory merely by intention, and neither should the ritual be.