Q 1: Can jeddah be a Miqat (site for entering the ritual state for Hajj and ‘Umrah) instead of Yalamlam, as some scholars permit this?

A: The basic rule for specifying the Miqats is derived from the Hadithreported by Al-Bukhari and Muslim in their Two Sahih (authentic) Books of Hadithon the authority of Ibn ‘Abbas (may Allah be pleased with him) who said, The Prophet (peace be upon him) assigned Dhul-Hulayfah as the Miqat for the people of Madinah; Al-Juhfah for the people of Al-Sham (The Levant); Qarn Al-Manazil for the people of Najd; and Yalamlam for the people of Yemen. These Miqats are for the people of these very places and also for non-indigenous people who come through these places with the intention of performing Hajj and ‘Umrah. Anyone within these boundaries (their Miqat) is from where they start (Ihram), even the people of Makkah from Makkah. It was reported on the authority of ‘Aishah (may Allah be pleased with her), who said, “The Prophet (peace be upon him) assigned Dhat ‘Irq as the Miqat for the people of Iraq.” (Related by Abu Dawud and Al-Nasa’y)

Abu Dawud and Al-Mundhry kept silent about the last Hadith. Ibn Hajar said in "Al-Talkhis": "This Hadith was reported by Al-Qasim from ‘Aishah. Al-Mu‘afy ibn ‘Imran was the only one who reported it from Aflah from Al-Qasim. Al-Mu‘afy is Thiqah (trustworthy) narrator."

These Miqats are for the people of these very places and for non-natives who pass through these places intending to perform Hajj and ‘Umrah. Anyone living within these boundaries can assume Ihram from where they start, and the people of Makkah should assume Ihram from Makkah. However, anyone who decides to perform ‘Umrah while they are inside Al-Haram (all areas within the Sacred Sanctuary of Makkah) should move to Al-Hil (all areas outside the Sacred Sanctuary of Makkah) and assume Ihram from there, as ‘Aishah (may Allah be pleased with her) did by the command of the Messenger of Allah (peace be upon him): The Prophet (peace be upon him) told her brother, Abdul-Rahman ibn Abu Bakr, to take her out of the Haram to Al-Tan‘im and let her assume Ihram for ‘Umrah. This was after performance of Hajj during the Farewell Hajj. One of the above-mentioned Miqats is Yalamlam; anyone who passes by it, from those who live there or elsewhere, intending to perform Hajj or ‘Umrah, should assume Ihram there. Those who come by air should assume Ihram when they are at a position at the same point with the Miqat (and is the same distance from Makkah); and those who come by sea should assume Ihram from a place at the same point with the Miqat. As for Jeddah, it is the Miqat for those who come from Jeddah and those residing in it if they want to perform Hajj or ‘Umrah, but making Jeddah a Miqat instead of Yalamlam has no basis. Anyone who passes by Yalamlam and does not assume Ihram from there and assumes it instead from Jeddah is obligated to offer a sacrificial animal.

The same applies to anyone who goes beyond any of the other Miqats while intending to perform Hajj or ‘Umrah without assuming Ihram, because their lawful Miqat is Yalamlam. Also, because the distance between Makkah and Yalamlam is further than the distance between Jeddah and Makkah.

May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!

Permanent Committee for Scholarly Research and Ifta’
Deputy Chairman Chairman
`Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz

[Source: Alifta.net]