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Thursday, October 03, 2013

Ruling on Doing Hajj Without a Permit [Tasreeh]

Shaykh Muhammad bin Saaleh al-‘Uthaymeen [May Allaah have Mercy on him] was asked:
Noble Shaykh, what is the ruling on doing Hajj without Tasreeh? Some people are saying go past the Meeqaat and then enter Ihraam afterwards and then give a Fidyah [expiation for skipping the obligation of assuming the state of Ihraam at the Meeqaat]?

Answer: Those who say wear normal clothes and go past the Meeqaat and then give a Fidyah afterwards then this is taking the Aayaat and the rulings of Allaah as a source of mockery and jest.  Allaah has made it an obligation for you, when you assume the state of Ihraam, not wear a shirt or any other form of stitched clothing. Are you coming to Allaah with this form of sin and you claim that you are getting closer to Allaah by it. Especially if this is a Nafil Hajj; are you trying to get closer to Allaah by sinning? Even though you are worshipping him however this is a mistake, a grave mistake. This a trick, on who? On who? Upon Allaah, the Glorified and the Exalted! How can you insult Allaah like this? You want to do a Sunnah then it is Sunnah for you to stay in your land and help those people who want to do Hajj. If they do Hajj then you will get reward for it. This is the first point.

Secondly, the trickery of those who are in authority over you, if they have not contradicted the Shar’eeaah then you are obligated to obey them. This is if they are not contradicting the Shar’eeah. For example, if the government say to those who obligated to do Hajj, ‘Do not do Hajj’ then if the conditions of you doing Hajj are fulfilled then you do not obey them in this regard. Because this is a sin, Allaah has commanded you to do Hajj when the conditions are fulfilled and they are telling you not to do Hajj. However, if the Hajj is Naafil then it is not Waajib upon you, then obeying the ruler in what is not Waajib upon you or leaving doing an action will not lead to you sinning, then obeying him is Waajib.
Then I say to, oh brothers, obeying the rulers, do you think this a man obeying another man? Answer…Do you think that obeying the ruler, in what isn’t a sin, is obedience to merely another human? No! Rather it is obedience of Allaah because Allaah, The Glorified and The Exalted, says:

O you who believe! Obey Allah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority
[Nisaa 4:59]

So here He has directed obedience to Eeman, meaning obey Allaah, obey His Messenger and those in authority over you IF you have Eeman. So we obey the ruler in matters that don’t involve sin. We get closer to Allaah, The Glorified and The Exalted, by obeying the ruler. And we get closer to Allaah by obeying the ruler without doing Hajj. This is obedience, obedience that is Waajib. Leaving a Hajj which is Nafil is not a sin.
So my opinion is that these people have broken the law and have disobeyed the ruler, and by this they have broken the law of Allaah, The Glorified and The Exalted, in a matter which is broad scope, and all Praise is due to Allaah.


Shaykh Saaleh bin Fawzaan al-Fawzaan [May Allaah have Mercy on him] was asked:
Some of the students of knowledge do Hajj without a permit [Tasreeh], is this action permitted?

Answer: This action is breaking the law and these people are responsible for their actions but their Hajj is correct if they completed the pillars and obligatory actions from it, but they have the sin of breaking the law of the ruler.


Shaykh ‘Abdul-Kareem bin ‘Abdullah al-Khudayr [May Allaah Preserve him] was asked:
What is the ruling on doing Hajj without a permit [Tasreeh] and some people get in to Makkah by wearing normal clothes and passing the Meeqaat and then wearing the Ihraam once they have passed?

Answer: Firstly, the rule that states that Hajj can only be done once every five years has been addressed in the Fatwaa by the people of knowledge and that breaking this law is disobeying the ruler, the one who has brought this law in order for the general betterment for the people and this law has also been passed based on the statement of some the people of knowledge. So it is not permissible to break this law but if a person seeks to do Hajj because of the numerous Ahadeeth that talk about the virtues of Hajj, however they all give the meaning that he is no allowed to lie, not indulge in bribery, not to be deceptive or part take in sin, then if he does any of the actions mentioned then it may be that he falls in lying, bribery, trickery or any other form of sin, as some people have begun to do; they enter the Haram without wearing  normal clothes (so they won’t be prevented by the authorities) and then assume the Ihraam (once they have passed) all of which is not permissible.


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