The ruling on tamattu' for one who has a house in al-Ta'if and the virtue of 'Umrah in the months of Hajj
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The questioner:
A man asks about a person who performs 'Umrah while residing in Riyadh. He has a house in al-Ta'if and wants to perform tamattu' for Hajj. He performed 'Umrah in the months of Hajj, then returned to al-Ta'if and stayed there until the eighth of...
The Shaykh:
He is a resident of al-Ta'if. May Allah forgive you, you are in Riyadh, but you have a house in al-Ta'if where you spend the summer every year. He said: I stay there until I descend on the Day of Tarwiyah. He would be a mutamatti' (one performing tamattu'). According to some jurists, one is not considered a mutamatti' if he travels a distance that allows shortening the prayer and then comes to perform Hajj; in that case, he is a mufrid (one performing Hajj alone). However, the most cautious view in such cases, based on the general texts, is that he is a mutamatti', except for one who returns to his home. It is narrated from 'Umar and Ibn 'Umar that one who returns to his home is a mufrid if he returns and enters the state of ihram for Hajj alone, because he is in a new month from his home. As for this person, he did not return to his home. The hope is for the group, no, he is not a resident of al-Ta'if; the house is not his home. No, he does not have a house, it is just a...
The questioner:
You are alone in the house with me.
The Shaykh:
It is not permissible, even if the house and the farm are not understood as a home.
The questioner:
May Allah reward you. 'Umar said: The entire year is 'Umrah. And there is no 'Umrah in the months of Hajj.
The Shaykh:
No, but 'Umrah is valid throughout the year. 'Umrah in the months of Hajj is better than at other times, according to the Prophet (peace and blessings be upon him). However, the ijtihad (independent legal reasoning) of 'Umar and al-Siddiq was that they wanted to increase the number of pilgrims and those performing 'Umrah throughout the year. Otherwise, the Sunnah is to perform 'Umrah in the months of Hajj, for there is great virtue in it. The Messenger (peace and blessings be upon him) ordered the Companions to perform 'Umrah in the months of Hajj. Al-Siddiq and 'Umar exercised ijtihad and held that one who comes to Makkah after Ramadan should perform Hajj only, and perform 'Umrah outside the months of Hajj. This was their ijtihad, and the correct view is contrary to it. The correct view is what the Prophet (peace and blessings be upon him) guided the Companions to, namely that 'Umrah in the months of Hajj is a virtuous, prescribed act of great significance. The opinion of al-Siddiq and 'Umar (may Allah be pleased with them) in this matter is the weaker position, and the Sunnah is contrary to it.
A man asks about a person who performs 'Umrah while residing in Riyadh. He has a house in al-Ta'if and wants to perform tamattu' for Hajj. He performed 'Umrah in the months of Hajj, then returned to al-Ta'if and stayed there until the eighth of...
The Shaykh:
He is a resident of al-Ta'if. May Allah forgive you, you are in Riyadh, but you have a house in al-Ta'if where you spend the summer every year. He said: I stay there until I descend on the Day of Tarwiyah. He would be a mutamatti' (one performing tamattu'). According to some jurists, one is not considered a mutamatti' if he travels a distance that allows shortening the prayer and then comes to perform Hajj; in that case, he is a mufrid (one performing Hajj alone). However, the most cautious view in such cases, based on the general texts, is that he is a mutamatti', except for one who returns to his home. It is narrated from 'Umar and Ibn 'Umar that one who returns to his home is a mufrid if he returns and enters the state of ihram for Hajj alone, because he is in a new month from his home. As for this person, he did not return to his home. The hope is for the group, no, he is not a resident of al-Ta'if; the house is not his home. No, he does not have a house, it is just a...
The questioner:
You are alone in the house with me.
The Shaykh:
It is not permissible, even if the house and the farm are not understood as a home.
The questioner:
May Allah reward you. 'Umar said: The entire year is 'Umrah. And there is no 'Umrah in the months of Hajj.
The Shaykh:
No, but 'Umrah is valid throughout the year. 'Umrah in the months of Hajj is better than at other times, according to the Prophet (peace and blessings be upon him). However, the ijtihad (independent legal reasoning) of 'Umar and al-Siddiq was that they wanted to increase the number of pilgrims and those performing 'Umrah throughout the year. Otherwise, the Sunnah is to perform 'Umrah in the months of Hajj, for there is great virtue in it. The Messenger (peace and blessings be upon him) ordered the Companions to perform 'Umrah in the months of Hajj. Al-Siddiq and 'Umar exercised ijtihad and held that one who comes to Makkah after Ramadan should perform Hajj only, and perform 'Umrah outside the months of Hajj. This was their ijtihad, and the correct view is contrary to it. The correct view is what the Prophet (peace and blessings be upon him) guided the Companions to, namely that 'Umrah in the months of Hajj is a virtuous, prescribed act of great significance. The opinion of al-Siddiq and 'Umar (may Allah be pleased with them) in this matter is the weaker position, and the Sunnah is contrary to it.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح الجديد ]، تتمة باب شروطه وما نهي عنه منه — islamhouse.com (14:10)
The Arabic text is a machine transcription of the audio recording.