132. It is obligatory to declare and assume the ihraam at one of the designated miqaat's. The locations of the various miqaat's have been specified by Rasulollah salla-llahu-alayhi-wa-aalih for the people (coming from the) various countries, directions and horizons. It is not permitted for the Haajj the person performing the Hajj to cross the limits, the miqaat, unless one has declared and assumed ihraam from one of the miqaat's or from their proximity. The various miqaat locations are as follows:
The house of the pilgrim if it was closest to Makkah than any of the other miqaat locations.
[See case # 145 for the special case of using Jeddah airport as a "miqaat" location.]
133. The miqaat of Masgid al-Shajarah (The Tree Mosque) is also known as Dhul-Hulayfah, and it is the miqaat for the people of the holy city of Medina or those from other countries who pass from the city.
134. Masgid al-Shajarah is the furthest miqaat from the holy city of Makkah, and it is about seven km outside the holy city of Medina. Thus it is not permissible for one to cross Masgid al-Shajarah without ihraam. Also it is not permissible to postpone the ihraam until al-Juhfah, unless it is for exceptional circumstances such as illness or weakness, etc. However, if one chooses an alternative route that does not pass through the location of the Masgid al-Shajarah, or even through the proximity of it at any stage, then it is permissible for him to postpone the ihraam until the al-Juhfah miqaat, or any other miqaat. But if one were at the proximity of Masgid al-Shajarah, then he is not allowed to leave location of the proximity (of the miqaat) except by declaring and assuming ihraam.
135. The legal definition of proximity here is that if one stands facing the [direction] of the sacred Kabah, the miqaat would be on his right or left, without being too far from him.
136. One who is in a state of Janaabah or (a woman) who is experiencing haydh the monthly menstruation period may not enter the Masgid al-Shajarah and declare and assume ihraam from it, unless they are passing through it without stopping, such that they enter one door and leave from another, when they can declare and assume the ihraam and say the talbiyah en route as they pass through the mosque. If it was not possible to pass through, it is obligatory for them to declare and assume the ihraam from outside the mosque, but closely adjacent to it, with the mosque being either on their left or right, as a precaution.
137. Declaring and assuming ihraam under the ceiling of the Masgid al-Shajarah is not considered sheltering. [Generally sheltering is prohibited for a muhrim when on the move.]
138. It is permitted to declare and assume ihraam in the extension to the Masgid al-Shajarah, as there is no difference between the old building and the new. The same is applicable to other miqaat's.
139. Wadi al-Aqiq, is the second of the miqaat's, and is about 100 km from the holy city of Makkah. This miqaat is for the people of Iraq and Najd and those people coming through this route to Makkah. The beginning location of this miqaat in the direction of Iraq is known as al-Maslakh, and the mid location is known as Ghamrah, and the ending location of this miqaat is known as Thaat-Erq.
140. al-Juhfah is the miqaat for the people of the Shaam and Egypt. It is also the miqaat for those people coming from other countries through their route, if they do not pass by another miqaat, or if they passed by the other miqaat without declaring and assuming the ihraam, and it is not possible for them to go back to declare the ihraam. In this case it is incumbent on them to declare and assume ihraam from al-Juhfah.
141. Qern al-Manaazel is about 94 km from Makkah, and it is the miqaat for the people of Ta'ef, and those coming from their direction.
142. Yalamlam is a mountain from the mountain series of Tahamah, and is also some 94 km from Makkah. It is the miqaat for the people of Yemen, and those coming from their direction to Makkah.
143. adnal-hill, is the limit/border of the Haram. [The Haram encompasses the holy city of Makkah from all sides, and it is an area of about 500 square kilometres approximately.] This limit is the miqaat for those who do not come to Makkah by crossing any of the above five miqaat's or their not too distant proximities, while not being able to go to other miqaat's.
144. He whose house is closer to Makkah than the miqaat's, then his house is his miqaat.
145. The Haajj (pilgrim) who arrives at Jeddah by airplane, and wishes to go to Makkah [directly], may declare and assume ihraam from Jeddah by making a [prior] nadhr (vow), by saying "I make it my duty to Allah to declare and assume ihraam from Jeddah." As for declaring and assuming ihraam in the aircraft while it is flying in the proximity (of a miqaat), it is not normally achievable.
146. If one failed to declare and assume the ihraam from one of the designated miqaat's, due to reasons of not knowing, or forgetting the mandatory nature of ihraam from the miqaat, or if he did not know that this was the actual place of the miqaat provided he was not moqassir in his forgetting or not knowing, as a precaution or if he did not intend to perform the rites nor entering Makkah, and therefore passed through the miqaat with that purpose, and afterwards he decided to enter Makkah or perform the rites, as a precaution, it is mandatory for him to go back to the particular miqaat if it is possible, even if there is another miqaat ahead of him. However if it is not possible for him to go back to the first miqaat, it is incumbent on him to declare and assume ihraam from the miqaat ahead of him. If there is no miqaat ahead of him, he should then declare and assume ihraam from where he is. However, if he had entered the Haram he must go back to the borders of the Haram, and declare and assume the ihraam outside the Haram if it was possible, and if it was not possible in anyway to go back [to the borders of the Haram], he must declare and assume the ihraam from where he is, and his Umrah is valid.
147. If one forgot to declare and assume the ihraam until he performed all the obligatory (rites), his Umrah is valid. So too, if he did not declare and assume ihraam because he did not know it was mandatory for him to do so, or if he assumed ihraam from a place other than the proximity of a miqaat thinking that it was [the proximity], and other such reasons, in all such cases his Umrah is valid, provided, as a precaution, this is due to him being a qaasir not moqassir [in his failure to learn and understand the issues concerned].
148. If one deliberately did not perform the ihraam, and then it became impossible or impractical for him to go back to the particular miqaat to perform the ihraam, in this case there are three scenarios to consider:
a) If he intended to enter Makkah only, without meaning to perform the (Hajj) rites, in this case he has committed a sin by not performing the ihraam, and by entering Makkah without it, and generally there is not need for qadha' i.e. no need to perform the ihraam later on.
b) If he had decided to do the Mufradah Umrah, it is sufficient to perform the ihraam from adnal-hill, even though he has committed a sin by crossing the miqaat without an ihraam.
c) If he had decided to perform the Hajj, then he must perform the ihraam in a similar way to the case of the one who had forgotten to do it, as described previously. He must go back to the miqaat [that he came from] if it were possible to do so, and perform the ihraam there, even if there is another miqaat en route. If this was not possible, then he should go to the miqaat en route, [i.e. the nearest miqaat], and his Hajj is valid.
149. If one performs the ihraam before arriving at the miqaat, without having made any legal vow, his case is the same as the one who has not performed the ihraam, and therefore it is not allowed for him to enter the Haram and perform the rites, until he performs the correct procedure as mentioned earlier. He must renew his ihraam from the miqaat by renewing his niyyah, and the talbiyah, etc. as it is required at the declaration and assuming of ihraam from a miqaat.
150. It is not allowed for an adult to enter the holy city of Makkah, and not even to enter the Haram with intention of entering Makkah, unless with a valid ihraam observing all the required conditions from the (appropriate) miqaat. As for entering the Haram without the intention of entering Makkah, [he does not have to assume ihraam, although] it is preferable to observe precaution by performing it [before entering the Haram, in which case he would have to go to Makkah to do the Mufradah Umrah, and thus be released from the ihraam].
151. If the adult needed to enter and leave the holy city of Makkah frequently because of his job, then such an individual may enter Makkah without ihraam.
152. It is also permissible to enter Makkah without ihraam for one who had originally entered it with a valid ihraam observing all the required conditions, then left it, and then return to the city within the month in which he had performed the ihraam. However, if one month after his ihraam he wishes to enter Makkah, he must perform a new ihraam from the miqaat.
153. It is important to note that the references made to the month in this respect do not suggest lunar months, but the criterion is the passage of thirty days.