What is the ruling if a believer intends Ihraam (ritual consecration) for [a second] ‘Umrah (minor pilgrimage)? When he first arrives in Makkah, he does ‘Umrah and then terminates the state of Ihraam. Subsequently, he goes to the At-Tan’eem area and the mosque of the Mother of Believers, ‘Aa’ishah, may Allaah be pleased with her, [which is named so as] it is known that when she requested the Messenger of Allaah, sallallaahu 'alayhi wa sallam, to allow her to perform ‘Umrah after she was pure from her menstruation, he assigned At-Tan‘eem as her Meeqaat (certain station from where pilgrims are required to start their Ihraam).
Hence, could all men and women benefit from this privilege or is doing it considered a religious innovation? Many people come to the sacred land and perform ‘Umrah for themselves first, and then many times on behalf of relatives and friends, as a sort of gift to them. Is that permissible? Please advise.

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Him and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

There has been much debate and difference in opinions concerning the ruling of exiting Makkah to assume Ihraam for ‘Umrah from At-Tan‘eem. This is because of how scholars have understood the aforementioned narration of ‘Aa’ishah . A group of them consider that concession to be exclusive to her, because neither the Prophet, sallallaahu ‘alayhi wa sallam, nor any of those who performed Hajj (major pilgrimage) with him did another ‘Umrah. He only permitted her to give solace to her heart.

On the other hand, the majority of scholars countered this view and allowed those in Makkah to go to At-Tan‘eem [for Ihraam]; they deduced that the instruction to ‘Aa’ishah was equally applicable to all. Ash-Shaafi‘i said, “Anyone who says that the Sunnah is to perform only one ‘Umrah [in a journey] has actually opposed the Sunnah of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, [i.e., this Hadeeth of Aa‘ishah ].”

Such individuals also based their view on the fact that the ‘Umrah is a virtuous act encouraged in many Ahaadeeth. Abu `Umar ibn ‘Abd Al-Barr said, “I do not know that anyone who argues against performing ‘Umrah more than once in the same year has unequivocal text from the Quran or Sunnah in support of that. The ‘Umrah is a righteous deed and Allaah The Almighty says (what means): {And do good - that you may succeed.} [Quran 22:77] This must be understood in a general sense, unless uncontestable evidence stipulates otherwise.”

Scholars who interpret the Hadeeth of ‘Aa’ishah as being applicable to all, respond to those who maintain it to be specific for her, by reasoning that exclusive privileges can only be established by proof. Hence, if such an allowance was restricted to her, the Prophet, sallallaahu ‘alayhi wa sallam, would have stated that, just as he explained to Abu Burdah that he alone could slaughter as a sacrificial animal, goats which were one year old or more.

Rather, anything related to ‘Aa’ishah was mostly full of goodness and blessing for the whole Ummah (Muslim nation), as Usayd ibn Hudhayr once commented to her, “There has never happened to you anything that you dislike, but Allaah granted relief for you and for the Muslims through it.” [Abu Daawood, Saheeh –Al-Albaani] Thus, it is not unthinkable that this [permission to don Ihraam for everyone], too, was one of such blessed consequences.

As for the assertion that the righteous predecessors were not reported to have initiated Ihraam from At-Tan‘eem, that is dubious, because it has been proven that many of them did so. It is narrated by Imaam Maalik in his compilation Al-Muwatta’, on the authority of Hishaam ibn ‘Urwah that his father saw ‘Abdullaah ibn Az-Zubayr entering the state of Ihraam at At-Tan‘eem; he then saw him making circumambulating the Ka’bah. It was also recorded by Ibn Abi Shaybah in Al-Musannaf that a man asked Umm Ad-Dardaa’ whether he could do ‘Umrah after Hajj; she commanded him to do so.

Al-Haafith ibn Hajar critiqued the statement of Ibn Al-Qayyim in this regard, for the latter said that assuming Ihraam for ‘Umrah, from outside the boundaries of Makkah was not proven to have been done by the Prophet, sallallaahu ‘alayhi wa sallam, or one of his Companions. Ibn Hajar reasoned that ‘Aa’ishah herself, did so upon the command of the Prophet, sallallaahu ‘alayhi wa sallam, thus indicating its validity; moreover, he would not have allowed her to do this only to console her, because he is above commanding a false thing or approving of a wrongdoing. Also, Muslims who go to Makkah think that they may not have a chance to return again, [so they should know this is allowed], and their hearts, too, must be given solace.

In conclusion, assuming Ihraam for ‘Umrah from outside the sacred precincts of Makkah, for one already in the city, is permissible and, in no way, unfavorable. It may be said that a person should preferably plan a trip for every ‘Umrah, since the Prophet, sallallaahu ‘alayhi wa sallam, performed ‘Umrah four times, each during a separate journey. Yet, if done more than once in the same visit to Makkah, it is not valid to deem that an innovation in religion.

As for gifting ‘Umrah to the deceased, it is permissible because the Prophet, sallallaahu ‘alayhi wa sallam, said to ‘Amr ibn Al-‘Aas “Had your father converted to Islam [before he died] and then you fasted and gave charity on his behalf, it would have been beneficial to him.” [Ahmad, Saheeh –Al-Albaani] Apart from that, performing ‘Umrah on behalf of a living person does not fulfill the obligation, unless he is unable to perform it himself. 

Allaah Knows best.