Q: (a) If the evidence used by those who hold the view that the people of Makkah should go to the nearest place outside the Haram (the Sacred Sanctuary of Makkah) to assume Ihram (ritual state) for ‘Umrah (lesser pilgrimage) is the command of doing so given by the Prophet (peace be upon him) to ‘Aishah and ‘Abdul-Rahman, the children of Abu Bakr (may Allah be pleased with them), the question is: were ‘Aishah and ‘Abdul-Rahman (may Allah be pleased with them) citizens of Makkah, to be taken as a basis for drawing analogy between their going out and that of the citizens of Makkah?

(b) If this is correct, and those who claim so should provide evidence to support it, why did the Prophet (peace be upon him) shorten Salah (Prayer) during the whole of his stay in Makkah, for nineteen days, as was mentioned in the Sahih (authentic) narration?

(c) Why did the Prophet (peace be upon him) order the Muhajirun (Emigrants from Makkah to Madinah) not to stay in

Makkah for more than three days after performing the rituals, as reported in the Hadith on the authority of Al-‘Ala’ ibn Al-Hadramy, which was related by Al-Bukhari, stating: “Three (days) for a Muhajir after departure (from Mina, i.e. after completion of the rituals of Hajj).” Were ‘Abdul-Rahman and ‘Aishah (may Allah be pleased with them) not from the Muhajirun?

A: Yes, the evidence for the obligation on anyone inside the Haram of having to assume Ihram for performing ‘Umrah only from outside the Haram is the order of the Prophet (peace be upon him) to ‘Aishah (may Allah be pleased with her) to go out to Al-Tan‘im (outside the Haram) and assume Ihram from there with her brother ‘Abdul-Rahman (may Allah be pleased with him) accompanying her as a Mahram (unmarriageable male relative). The Prophet (peace be upon him) was never given the choice between two matters but he always chose the easier of them. If assuming Ihram for ‘Umrah was permissible whether from inside or outside the Haram then he would have ordered ‘Aishah to assume it from Al-Abtah, where they stayed, as it was part of the Haram. He would have spared ‘Aishah and her brother the difficulty of having to go to Al-Tan‘im at night, for ‘Aishah to assume Ihram from there. He (peace be upon him) would have also spared himself the difficulty of parting with her during their travel at night and having to decide the time of their meeting again. He (peace be upon him) did not tell her to do this because she was one of the Muhajirun and not a citizen of Makkah, because non-indigenous people staying in the built-up areas or the plains of Makkah assume Ihram for Hajj from where they are and they are not required to go outside the Haram to do this, or to the Miqat of their own countries, whether they are from the Muhajirun or other travelers. It cannot be confirmed that assuming Ihram for ‘Umrah only from outside the Haram is for those who want to perform it from among the citizens of Makkah or the Haram by analogy with what was mentioned in the Hadith about the ‘Umrah performed by ‘Aishah starting from Al-Tan‘im.

Rather, this Hadith constitutes a general rule for everyone who decides to perform ‘Umrah when they are inside the precincts of the Haram, whether they are inside or outside Makkah, and whether they are travelers from among the Muhajirun or others. This is because an order from the Prophet (peace be upon him) to one person is directed to everyone, and is a general rule, unless there is evidence to make it specific.

Through this, you now know the answers to sections (b) and (c) as we mentioned that ‘Aishah and her brother ‘Abdul-Rahman (may Allah be pleased with them) were Muhajirun.

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

[Source: Alifta.net]