A family coming from Taaif entered the miqat without ihraam, then they left the miqat and re-entered it from Masjid Sayyidah Aaishah with ihraam. What would be the ruling in this case? Would they have to give damm?
Bismillahi Ta’ala
Walaikum Assalam Warahmatullah
The family has done correct. After entering the miqat without donning the ihram, and then realizing that ihram ought to have been put on, one should go back to miqat and wear ihram and return.
If one does so then there is no damm or penalty as the deficiency has been rectified.
A penalty of damm would have been given if the person entered the miqat without donning ihram, then wore the ihram later on and continued with his umrah without coming back to the miqat. In this case the ihram would be deficient, and thus requiring damm.
A last scenario would be that the person entered without donning ihram, and thereafter wore the ihram but before proceeding towards tawaf of ka’ba, he return to the miqat in state of ihram and makes renewal (tajdeed) of his ihram by making talbiya, then the penalty of damm will drop from him.
Wallahu A’lam
And Allah Ta’āla Knows Best
Mufti Faisal al-Mahmudi