Praise be to Allaah.
The driver should stop at the meeqaat so that the people can
enter ihraam from there. If he forgets or does not remember until after one
hundred kilometres, as the questioner said, then he must take the people
back so that they can enter ihraam from the meeqaat, because he knows that
they want to do ‘Umrah or Hajj. If he does not do that and they enter ihraam
from where they are, i.e., one hundred kilometres after passing the meeqaat,
then each one of them must offer a fidyah to be slaughtered in Makkah and
its meat distributed to the poor, because they failed to do one of the
obligatory duties of Hajj or ‘Umrah.
In this case, if they take this driver to court, perhaps the
court will penalize him so that he will compensate them for the fidyah,
because he is the one who caused the penalty to be imposed on them. That
depends on the judge’s opinion, because he can make the driver pay the value
of the fidyah that these people paid, because he neglected their rights due
to his forgetfulness, then he transgressed against them by not letting them
go back to enter ihraam. End quote.
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on
Fatawa ‘Ulama’ al-Balad al-Haraam (p. 218).