Tamattu' for one who performed 'Umrah from Jeddah in the months of Hajj and then performed Hajj
Machine translationRead the Arabic original
The questioner:
This is what al-Sanani says: A man who intends to perform tamattu' performs 'Umrah by entering ihram from Jeddah in the month of Hajj, knowing that he is a resident of Jeddah, and then after the 'Umrah he exits the state of ihram and returns to Jeddah.
The Shaykh:
Yes. Yes.
The questioner:
A man intended to perform tamattu', performed 'Umrah by entering ihram from Jeddah in the month of Hajj, knowing that he is a resident of Jeddah, then after the 'Umrah he exited the state of ihram and returned to Jeddah, then on the eighth day he entered the state of ihram for Hajj, went to Mina, and completed the Hajj. Will his Hajj be considered tamattu', or is it less than that?
The Shaykh:
The majority hold that there is no fidyah (ransom payment) on him; he would be considered a mufrid (one performing Hajj alone). The well-known view of Ibn 'Abbas is that he owes the hady (sacrificial animal), meaning that according to Ibn 'Abbas, if one performs Hajj and 'Umrah, even if he returns to his country and then returns to perform Hajj, he is considered a mutamatti' (one performing tamattu'). Therefore, paying the fidyah is the most cautious course in this case. If one goes beyond the 'Umrah and returns to Jeddah or to Ta'if and then returns for Hajj, most scholars hold that there is no fidyah on them, but if he pays the fidyah, it is more cautious for him due to the generality of the saying of the Mighty and Majestic: "And whoever performs tamattu' with the 'Umrah and the Hajj, let him offer what is easy to obtain as a sacrifice." This person performed his 'Umrah during the period of Hajj and then performed Hajj, so the verse covers him, as Ibn 'Abbas said. And the Prophet (peace and blessings be upon him) said: Bulugh al-Maram 16:32. If he pays the fidyah, it is more cautious for him. Yes.
The questioner:
If he intended to circumvent the ruling in it. If he intended to circumvent, he comes for the 'Umrah and then goes to Madinah? Hajj.
The Shaykh:
Because if this person returns to his family, and the one who returns to Madinah, who is not from the people of Madinah, the prayer of the Messenger (peace be upon him) is upon him, but this is if he is from the people of Riyadh and returns to Riyadh, or from the people of Madinah and returns to Madinah, or from the people of Ta'if and returns to Ta'if, or from the people of Jeddah and returns to his family in Jeddah, and then enters the state of ihram for Hajj afterwards. This is the place of strong disagreement, and the issue is full of disagreement, because many scholars hold that if he travels a distance that allows shortening the prayer between the two, his tamattu' is invalidated and he becomes a mufrid if he returns for Hajj. But the more apparent and stronger view is that he remains a mutamatti' in these movements between Jeddah and Ta'if, if he is not from the people of that city, or in any city he moves to; his tamattu' requires blood (sacrifice) due to the generality of the evidence, due to the generality of the verse. But if he returns to his family and then returns for Hajj, this is what came from 'Umar and his son that they would be considered mufridin (may Allah be pleased with them). And Ibn 'Abbas considers him a mutamatti' even if he went to his family. Yes.
This is what al-Sanani says: A man who intends to perform tamattu' performs 'Umrah by entering ihram from Jeddah in the month of Hajj, knowing that he is a resident of Jeddah, and then after the 'Umrah he exits the state of ihram and returns to Jeddah.
The Shaykh:
Yes. Yes.
The questioner:
A man intended to perform tamattu', performed 'Umrah by entering ihram from Jeddah in the month of Hajj, knowing that he is a resident of Jeddah, then after the 'Umrah he exited the state of ihram and returned to Jeddah, then on the eighth day he entered the state of ihram for Hajj, went to Mina, and completed the Hajj. Will his Hajj be considered tamattu', or is it less than that?
The Shaykh:
The majority hold that there is no fidyah (ransom payment) on him; he would be considered a mufrid (one performing Hajj alone). The well-known view of Ibn 'Abbas is that he owes the hady (sacrificial animal), meaning that according to Ibn 'Abbas, if one performs Hajj and 'Umrah, even if he returns to his country and then returns to perform Hajj, he is considered a mutamatti' (one performing tamattu'). Therefore, paying the fidyah is the most cautious course in this case. If one goes beyond the 'Umrah and returns to Jeddah or to Ta'if and then returns for Hajj, most scholars hold that there is no fidyah on them, but if he pays the fidyah, it is more cautious for him due to the generality of the saying of the Mighty and Majestic: "And whoever performs tamattu' with the 'Umrah and the Hajj, let him offer what is easy to obtain as a sacrifice." This person performed his 'Umrah during the period of Hajj and then performed Hajj, so the verse covers him, as Ibn 'Abbas said. And the Prophet (peace and blessings be upon him) said:
Leave what causes you doubt for what does not cause you doubt
دع ما يجبك إلا ما لا يريبكhe, who saves himself from these doubtful things,
من اتقى الشبهات فقدThe questioner:
If he intended to circumvent the ruling in it. If he intended to circumvent, he comes for the 'Umrah and then goes to Madinah? Hajj.
The Shaykh:
Because if this person returns to his family, and the one who returns to Madinah, who is not from the people of Madinah, the prayer of the Messenger (peace be upon him) is upon him, but this is if he is from the people of Riyadh and returns to Riyadh, or from the people of Madinah and returns to Madinah, or from the people of Ta'if and returns to Ta'if, or from the people of Jeddah and returns to his family in Jeddah, and then enters the state of ihram for Hajj afterwards. This is the place of strong disagreement, and the issue is full of disagreement, because many scholars hold that if he travels a distance that allows shortening the prayer between the two, his tamattu' is invalidated and he becomes a mufrid if he returns for Hajj. But the more apparent and stronger view is that he remains a mutamatti' in these movements between Jeddah and Ta'if, if he is not from the people of that city, or in any city he moves to; his tamattu' requires blood (sacrifice) due to the generality of the evidence, due to the generality of the verse. But if he returns to his family and then returns for Hajj, this is what came from 'Umar and his son that they would be considered mufridin (may Allah be pleased with them). And Ibn 'Abbas considers him a mutamatti' even if he went to his family. Yes.
Source
فتاوى الحج ١٤١٠ هـ - ١٦ — archive.org (43:34)
The Arabic text is a machine transcription of the audio recording.
