Question:
AS-SALAMU-ALAIKUM, MY SISTER ALONG WITH MY PARENTS CAME FROM INDIA TO MADINA DIRECTLY FOR HAJJ. THEY STAYED IN MADINA FOR ONE WEEK AND PROCEEDED TO MAKKAH, DUE TO MENSES {M.C} MY SISTER DID NOT INTEND TO PERFORM UMRA EVEN THOUGH THEY STOPED IN DHUL-HULAIFA {MADINA MEQAT} ALSO MY MOTHER DECIDED TO PERFORM UMRA WITH MY SISTER, ONLY MY FATHER PUT ON IHRAM AND PERFORMED UMRA. NOW THE QUESTION IS AS MY MOM AND SISTER ENTERED MAKKAH WITHOUT IHRAM OR INTENTION OF UMRA WHAT IS THE REMEDY/SOLUTION WHETHER THEY SHOULD GO BACK TO MADINA MEEQAT OR IS IT POSSIBLE TO MAKE INTENTION FROM MAKKAH MEEQAT AND FAST FOR 10 DAYS AS REPENTENCE OR IS THERE ONLY WAY OF ‘DUM’ {SACRIFICE} PLEASE CLARIFY.
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.
Your mother and sister were wrong in passing the Meeqaat without assuming Ihraam because it is forbidden for whoever intends to perform Hajj or 'Umrah to pass the Meeqaat without assuming Ihraam, so they are obliged to return to the Meeqaat they passed without Ihraam and assume Ihraam from there. An-Nawawi said: "…Whoever passes the Meeqaat without assuming Ihraam is sinful and he is obliged to return to it and assume Ihraam from there if he has no sound reason for passing the Meeqaat without assuming Ihraam.”
However, some scholars are of the view that whoever passes the Meeqaat without assuming Ihraam, may assume Ihraam from any other Meeqaat and he is not obliged to return exactly to the Meeqaat where he failed to assume Ihraam. An-Nawawi reported this view from some scholars of the Shaafi'i School of jurisprudence, and said that “This view is probable but it is questionable.”
The Hanafi School of jurisprudence, are of the opinion that there is no difference between returning to one's Meeqaat or to any other Meeqaat other than the one for the residence of Makkah.
Therefore, according to this opinion, your mother and sister are not obliged to return to Thul-Hulayfah [the Meeqaat of the people of Madeenah], and if they assume Ihraam from Yalamlam or Qarnul-Manaazil, then this is acceptable from them and they are not obliged to offer a sacrifice.
However, if they did not return to the Meeqaat and assumed Ihraam from the place where they were, then they are obliged to offer a sacrifice each. As regards fasting, it is not acceptable unless one is not able to find a sacrifice or can not afford it. Moreover, fasting should be observed as follows: three days during the rituals of Hajj and seven days should be observed when one returns to his own country. For more benefit, please refer to Fataawa 87158 and 85373.
Finally, it should be noted that menses and post partum bleeding do not prevent women from assuming Ihraam, rather a woman in menses or post partum bleeding may assume Ihraam and this is accepted from her as the Prophet said to Asmaa' Bint 'Umays, may Allah be pleased with her, when she gave birth in the Meeqaat: “Perform Ghusl (i.e. a ritual bath), apply a napkin (or any piece of clothing to prevent the blood from coming out) and then assume Ihraam).”
Allah Knows best.