Q: One person did Umrah in Dhul qa’dah, then went Madinah, stayed there for a few days and then wore ihraam from Dhul hulayfah (as he was returning to Makkah).
When he wore his ihraam he intended it for Hajj. But as he arrived in Makkah, before he started the tawaf he changed his intention to Umrah, so now he did umrah and came out of his ihraam. He will wear ihraam again for hajj tonight. Is there a penalty on him?
A: According to the Hanafis any person staying outside the meeqat and intending to travel to Makkah must wear the Ihram and then pass the meeqat be the travel for Umrah, Hajj, business or anything else.
Hence, it was not correct for the Tour operator to enter Makkah without Ihram and Damm is wajib upon him for this. However, if he returns to the Meeqaat like Johfa, or Dhul Hulaifah and wears Ihraam and enters then the Damm will fall off. If he merely dons the Ihraam from Makkah and performs the Haj, he has to give Damm.
And Allah Ta’ala Knows Best