Fatwa #807226 March 2003Saudi Arabia
If a person is in Makkah's hadood though he has already performed many umrah's and hajj-(1) whether Umrah is Fardh upon him or not?
Question
If a person is in Makkah's hadood though he has already performed many umrah's and hajj - (1) whether Umrah is Fardh upon him or not; (2) If it is Fardh and the person didn't performed his umrah then what he has to do whether Damm is applicable on him and what are the things he has to do inorder that he fulfills as if he has performed the umrah. Jazakallahu khair.wassalaam
Answer
1. According to the Hanafi Madhab, Umra is Sunnat-e-Muakkadah and not Fardh. (Tahtawi pg.403). Hence, if you are in the Haram, then it is not Fardh upon you to do more Umrahs.
2. If a person is passing the boundaries (Meeqaat) from outside the boundaries, then he has to don the Ihraam and then enter it. He will have to perform Umrah and then he may remove the Ihraam. If he surpassed the boundaries and went into Makkah without donning the Ihram and doing Umrah, then he will have to give Damm.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
2. If a person is passing the boundaries (Meeqaat) from outside the boundaries, then he has to don the Ihraam and then enter it. He will have to perform Umrah and then he may remove the Ihraam. If he surpassed the boundaries and went into Makkah without donning the Ihram and doing Umrah, then he will have to give Damm.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai