I have been appointed to work as a doctor during the Hajj, and I cannot do ‘Umrah when I enter Makkah or wear the ihram garments. What should I do if I have two days left after my work has ended, in order to perform ‘Umrah before I leave for my city?.


Praise be to Allaah.

Firstly: 

If you have
not resolved firmly to do ‘umrah during this trip, then you do not have to
enter ihram from the miqaat, but if you decide to do it when you are in
Makkah, then you should go out of the Haram, to al-Tan’eem or elsewhere, and
enter ihram for ‘umrah. But if you have decided to do ‘umrah during this
trip then you must enter ihram from the miqaat, because of the hadeeth of
Ibn ‘Abbaas (may Allaah be pleased with him) who said: The Messenger of
Allaah (peace and blessings of Allaah be upon him) defined the meeqaat
of the people of Madeenah as Dhu’l-Hulayfah; that of the people of Shaam
(Syria) as al-Juhfah; that of the people of Najd as Qarn al-Manaazil; and
that of the people of Yemen as Yalamlam. And he said: “And these meeqaats
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 ihraam from the place he
sets out, and the people of Makkah can start from Makkah.”

Narrated by
al-Bukhaari (1454) and Muslim (1181). 

Whoever
passes by one of these miqaats, intending to do Hajj or ‘umrah has to enter
ihraam from that point. If he lives within the boundary of the miqaats, then
he should enter ihraam from where he is. If he is already in Makkah then he
should enter ihraam for Hajj from where he is and enter ihraam for ‘umrah
from any point outside the Haram (sanctuary), such as al-Tan’eem or ‘Arafah,
because of the hadeeth of ‘Aa’ishah (may Allaah be pleased with her): when
she wanted to do ‘umrah after her Hajj, the Prophet (peace and
blessings of Allaah be upon him) told her brother to take her out of the
Haram so that she could enter ihraam for ‘umrah from there. Agreed upon. 

See also
question no. 32845

Secondly: 

If the
person who wants to do Hajj or ‘umrah passes by the miqaat without intending
to enter ihraam from there, then he has to go back to the miqaat that he
passed, and enter ihraam from that point.  If he does not do that and he
enters ihraam from the place where he is, then according to the majority of
scholars he has to sacrifice a sheep in Makkah and distribute (the meat) to
the poor of the sanctuary. 

The scholars
of the Standing Committee were asked about someone who travelled in order to
work during the Hajj season, and they stayed outside Makkah and did not
enter ihraam from the miqaat. From where should they enter ihraam? 

They
replied: 

With regard
to ihraam for ‘umrah or Hajj, so long as you went there for work and passed
by the miqaat, if anyone wants to enter ihraam he may do so from wherever he
is within the miqaat boundary, because he entered with the intention of
working. The Prophet (peace and blessings of Allaah be upon him) said,
when mentioning the miqaats: “and whoever is living within these boundaries
can enter ihraam from the place he sets out, and the people of Makkah can
start from Makkah.” But if any of you had decided to do Hajj or ‘umrah when
he passed the miqaat, then he has to go back to the miqaat and enter ihraam
from there, because the Prophet (peace and blessings of Allaah be upon
him) said, when he defined the miqaats: “And these meeqaats are for the
people at those very places, and besides them for those who come thorough
those places with the intention of performing Hajj and ‘Umrah” End quote. 

Fataawa
al-Lajnah al-Daa’imah
(11/140, 141) 

Shaykh
Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said: 

If a person
passes the miqaat without entering ihraam, one of two scenarios must apply.
 

Either he
intends to do Hajj or ‘umrah, in which case he has to go back to the miqaat
and enter ihraam from there for whichever ritual he wants to do, Hajj or
‘umrah; if he does not do that then he has omitted one of the obligatory
duties of the pilgrimage and according to the scholars he must offer a
ransom (fidyah), a sacrifice to be slaughtered in Makkah and the meat
distributed to the poor there. 

Or, if he
passes it without intending to do Hajj or ‘umrah, then he does not have to
do anything. End quote. 

Majmoo’
Fataawa al-Shaykh Ibn ‘Uthaymeen (12/question no. 341). 

And Allaah
knows best.