Q: What is the opinion of scholars regarding the Hadith of `Aishah (may Allah be pleased with her), which tells of her going out to Al-Tan`im for `Umrah and the Hadith of Ibn `Abbas (may Allah be pleased with them) that says, "Even the people of Makkah should enter Ihram from Makkah, those who want to do Hajj or `Umrah"? How can these two Hadiths be reconciled? Please, explain to us the correct view that is in accordance with the Qur'an and the Sunnah. from where should the people of Makkah enter Ihram for `Umrah; from al-Tan`im (outside the Haram) or from Makkah Al-Mukarramah itself, as in the Hadith of ibn `Abbas (may Allah be pleased with them)?

A: It is preferable mentioning some narrations of both Hadiths to explain how they may be reconciled and show the consequences of entering Ihram for `Umrah alone for the people of Makkah and those living within the boundaries of the Haram (the Sacred Zone) who come under the same rulings as them.

It is narrated on the authority of Ibn `Abbas (may Allah be pleases with them) that he said: The Messenger of Allah (peace be upon him) defined the Miqat (sites for entering the ritual state for Hajj and `Umrah for Hajj and `Umrah) of the people Madinah as Dhu’l-Hulayfah; that of the people of Al-Sham (Syria) as al-Jahfah; that of the people of Najd as Qarn al-Manazil; and that of the people of Yemen as Yalamlam. And he said: “And these assigned places are for the people at those very places, and besides them for those who come through those places with the intention of performing Hajj and 'Umrah; and whoever is living within these boundaries can enter Ihram from the place he starts, and the people Makkah can start from Makkah. Narrated by Al-Bukhari and Muslim.

It is also narrated on the authority of `Aishah (may Allah be pleased with her) who said: The Messenger of Allah (peace be upon him) stopped at Al-Muhassab. He called Abdul-Rahman ibn Abu Bakr and said to him, ‘Take your sister out of the Haram (the Sacred Mosque) and let her enter ihram for ‘Umrah, then let her circumambulate the Ka`bah, and I will wait for you both here." She said: "So we went out and I entered Ihram, then I circumambulated the Ka`bah, and did Sa`y between Al-Safa and Al-Marwah. Then we came to the Messenger of Allah (peace be upon him) at his camp in the middle of the night, and he said, ‘Have you finished?’ I said, ‘Yes.’ He gave his Sahabah (Companions of the Prophet) permission to move on, and he went out to the Ka`bah and circumambulated it before Fajr (Dawn) Prayer, then he left for Madinah." Related by Al-Bukhari and Muslim. According to another narration, she said: On the night when the pilgrims left Mina and went to al-Mahsab (laylat al-hasbah), I said: "O Messenger of Allah, the people are going back having done Hajj and `Umrah, and am I to go back having done only Hajj?" He told `Abdul-Rahman to seat me behind him on his camel, then she mentioned her `Umrah from Al-Tan`im.'" According to another report from her: The Prophet (peace and blessings of Allah be upon him) said to her on the day of departure: “The tawaaf you did is sufficient for Hajj and ‘Umrah” but she insisted, so he sent her with ‘Abdul-Rahman to Al-Tan`im, and she did ‘Umrah after Hajj. And according to another report she said:" Your Tawaf around the Ka’bah and your Sa`y between Al-Safa and Al-Marwah will suffice for both your `Umrah and your Hajj." According toa report narrated by Muslim in his Sahih: The Prophet (peace be upon him) was an easy man, and if she wanted something he would go along with it. So he sent her with Abdul-Rahman ibn Abu Bakr and she entered Ihram for `Umrah from Al-Tan`im.

Therefore, it may be said that the Hadith of Ibn `Abbas (may Allah be pleased with them) is general in application and means that the people of Makkah should enter Ihram from Makkah for either Hajj or `Umrah that is performed on its own or for Hajj and `Umrah together (Qiran) (combining Hajj and `Umrah simultaneously)). There is a Hadith about `Aishah leaving the Haram with her brother `Abdul-Rahman to enter Ihram from Al-Tan`im with a specific command issued by the Prophet (peace be upon him) to her alone. The well-known principle stated by the scholars is that when conflict arises between a general text and another specific one, then the specific one qualifies the application of the general. Thus, entering into `Umrah may be from al-Tan`im or any other place outside the Sacred Zone for `Umrah alone. This rule qualifies the general text reported by Ibn `Abbas. Thus, the general rule of entering Ihram for `Umrah alone from Makkah is ignored. So the phrase “and the people of Makkah from Makkah means that the people of Makkah should enter Ihram for Hajj offered on its own or for Hajj and `Umrah offered together (Qiran) from Makkah. They do not have to go outside the Haram or to any of the Miqats mentioned in the Hadith to enter Ihram from there. In case of offering `Umrah alone, a person who intends to do it while in Makkah or inside the boundaries of the Sacred Zone has to go outside the Haram; Al-Tan`im or elsewhere to enter ihram from there. This is the view of the majority of scholars. Al-Muhib Al-Tabaray said: I know of no one who described Makkah as a Miqat for `Umrah.

So the phrase in the Hadith of Ibn `Abbas (may Allah be pleases with them) "Even the people Makkah can start from Makkah" is interpreted as referring specifically to those who are performing Qiran Hajj or Hajj alone; not those who are performing ‘Umrah alone.

This is supported by the fact that the Prophet (peace be upon him) was never given the choice between two things but he always chose the easier option, as long as it was not a sin. If entering Ihram for `Umrah alone from Al-Haram was permissible, he would have chosen that option for `Aishah, because it would have been easier and less burdensome for him, for `Aishah, and for her brother. Thus, he would not have told her to go outside the Haram or to Al-Tan`im to enter into the state of ihram. Rather, it would have been sufficient for her to go with him (peace be upon him) when he went to the Ka’bah to do the farewell tawaaf, because she had already entered ihram for ‘Umrah from al-Abtah. She could have done tawaaf and Sa’y of ‘Umrah at the same time as he (peace be upon him) did the farewell Tawaf. That would have been sufficient to fulfill `Aishah's wishes and to put her mind at rest. She only wanted to do `Umrah on its own without going out of the Haram or to some specific place outside the Haram. However, the Prophet (peace be upon him) told her to go out to Al-Tan`im, thus, she needed a Mahram (spouse or unmarriageable relative) so he sent her brother `Abdul-Rahman with her. That happened at night when the people needed to rest, so the Prophet (peace be upon him) designated a place to meet therein after they had finished. That he did not decide the option of entering Ihram from inside the Haram, which would have been easier for everyone concerned, and he judged that entering Ihram shall be from outside the Haram, which is more difficult, indicates that one should enter Ihram for `Umrah from outside the Haram in accordance with the legal commandment for a person who wants to perform `Umrah alone and is already in the Haram.

Some scholars held that a person who wants to do `Umrah while inside the Haram, given that `Umrah is an act of the Sunnah or obligatory for every Muslim who is accountable and is able to do it,

should do it along with Hajj, so he should enter Ihram for Qiran Hajj, and he should not go out of the boundaries of the Haram, whether to al-Tan`im or elsewhere, to enter Ihram for `Umrah alone, because the Prophet (peace be upon him) only gave permission for that to `Aishah, so as to make her happy. However, the Sahabah (Companions of the Prophet) did not go out of the Haram in order to enter Ihram for `Umrah from outside its boundaries.

Some people think that a person may enter Ihram for `Umrah alone from Makkah and elsewhere in the Haram because of the general meaning of the Hadith of Ibn `Abbas.

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

Member Deputy Chairman Chairman
`Abdullah ibn Ghudayyan `Abdul-Razzaq `Afify Ibrahim ibn Muhammad Al Al-Shaykh

[Source: Alifta.net]