Question:

When making plans I was not sure about my menses date so we had just thought we will perform 'Umrah if I have cleared my date. Now since I find that I will be able to perform 'Umrah. Will this be considered as our intention? Because later we had decided if possible we will perform 'Umrah as there is a marriage occasion we may be too tired or may not get enough time, so we had thought we will go there and see. We will be staying in Jeddah for 3 days, can we put our Ihraam from Jeddah or do we have to go back to Wadi al-Sail or just outside Makkah to Masjid Al-Taneem? Is it permissible to pass from opposite Masjid Al-Haraam, without performing a Tawaaf or any Salah? 

Fatwa:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger, may Allah exalt his mention as well as that of his family and all his companions.

What we understood from your question is that you will pass by the Meeqaat not having the intention of 'Umrah but with the intention of going to Jeddah. If the matter is so, you may pass Meeqaat without entering into the state of Ihraam. Because assuming Ihraam is compulsory only for the one who intends to perform 'Umrah or Hajj as the Prophet said: "These Mawaaqeet (plural of Meeqaat) are for the residents of those places, and for travelers who come through those places with the intention of performing Hajj and 'Umrah."

If it happens that you decide to perform 'Umrah in Jeddah then you may initiate your Ihraam from Jeddah as the Prophet said: "And whoever is living within these boundaries can assume Ihraam from the place he starts."  [Al-Bukhari and Muslim] In this case, you need not to come back to Meeqaat to enter in the state of Ihraam.

Here, we would like to highlight some matters:

First, only thinking to perform 'Umrah before reaching the Meeqaat and then changing the mind is not considered as intending 'Umrah so that you have to enter in the state of Ihraam from Meeqaat.

Second, menses is not an impediment for entering in the state of Ihraam but a menstruating woman cannot circumambulate around the Ka'bah until she becomes pure. The Prophet said to 'Aa'ishah, may Allah be pleased with her: "Do all that a pilgrim does but do not circumambulate around the Ka'bah." [Al-Bukhari and Muslim]

Third, Muslim jurists have different opinions concerning a person who does not visit Makkah frequently, or does not intend performing 'Umrah or Hajj, whether he has to enter Makkaah with Ihraam or not? The preponderant opinion is that it is not compulsory for him; likewise circumambulating the Ka'bah and performing prayer in Al-Haram is also not compulsory for him.

Allah Knows best.

Fatwa answered by: The Fatwa Center at Islamwe