What is the ruling on delaying the state of Ihram until Jeddah for one arriving by plane, by analogy with Imam Malik's fatwa for those on ships, and due to the unavailability of conditions for assuming Ihram on the plane?
The apparent position of Imam Malik's madhhab is that a pilgrim (Hajj or Umrah) traveling by sea must enter into the state of ihram when he is abreast of the miqat, and should not delay the ihram until reaching land. This is contrary to what Sanad stated, which is that one should delay ihram until reaching land for fear that the wind might blow the ship back, leaving the person in a state of ihram. Sanad qualified this specifically for the Sea of Aydhab, due to its perilous nature.
As for the fatwa attributed to Malik, stating that one should not enter ihram on ships, Sheikh Muhammad Illish refuted it by quoting from the Muwaziyah regarding Imam Malik: "Whoever comes by sea to Jeddah may enter ihram when he is abreast of Al-Juhfah if he is from Egypt or similar regions."
Therefore, whoever travels for Hajj by sea must enter into ihram when he is abreast of the miqat. If he passes it without entering ihram, he must return. Otherwise, a compensatory sacrifice (dam) is obligatory upon him. This ruling applies generally to pilgrims traveling by sea, land, or air. As for someone on an airplane, he can wear the ihram garments in its restroom, although it is preferable to prepare at home or at the airport. The ritual bath for ihram is recommended, not obligatory.
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- 48933
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