The ruling on the hady of tamattu' for one who goes to Jeddah after 'Umrah
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The questioner : A group of people from al-Qasim entered the state of ihram for 'Umrah, intending to combine it with Hajj, on the twenty-fifth of this month. After completing the 'Umrah, they went to Jeddah for a leisure trip, and they intended to return to Makkah on the seventh of Dhu al-Hijjah. Do they have to offer the hady, or are they treated as the people of Makkah? Or are they treated as the people of Makkah? And if one of them performed Hajj as a mutamatti' in the same way years ago and did not slaughter the hady, what is obligatory for him now?
The Shaykh : He says that these people who went from al-Qasim as mutamatti' and performed the 'Umrah on the twenty-fifth of Dhu al-Qa'dah, and then went out to Jeddah, and they will enter the state of ihram for Hajj at its time—he says on the seventh, and perhaps on the eighth—these people are considered mutamatti'. Their travel to Jeddah does not exempt them from the hady, because they did not return to their home country. The one whose tamattu' is invalidated is the one who returns to his home country after the 'Umrah and then enters the state of ihram for Hajj from the miqat of his home country. As for the one who goes out to Jeddah or to al-Ta'if and enters the state of ihram for Hajj from there, he remains in the state of tamattu' and the hady is obligatory upon him. Based on this, we say to these people: if they enter the state of ihram for Hajj on the eighth, the hady of tamattu' is obligatory upon you. And those who did this same action in past years and did not offer the hady, they must offer the hady now; they must slaughter the hady now to make up for what was missed, because their travel to Jeddah does not exempt them from the hady. Rather, what exempts one from the hady, as I pointed out, is for a person to return to his home country and then return from his home country in the state of ihram for Hajj. Yes.
The Shaykh : He says that these people who went from al-Qasim as mutamatti' and performed the 'Umrah on the twenty-fifth of Dhu al-Qa'dah, and then went out to Jeddah, and they will enter the state of ihram for Hajj at its time—he says on the seventh, and perhaps on the eighth—these people are considered mutamatti'. Their travel to Jeddah does not exempt them from the hady, because they did not return to their home country. The one whose tamattu' is invalidated is the one who returns to his home country after the 'Umrah and then enters the state of ihram for Hajj from the miqat of his home country. As for the one who goes out to Jeddah or to al-Ta'if and enters the state of ihram for Hajj from there, he remains in the state of tamattu' and the hady is obligatory upon him. Based on this, we say to these people: if they enter the state of ihram for Hajj on the eighth, the hady of tamattu' is obligatory upon you. And those who did this same action in past years and did not offer the hady, they must offer the hady now; they must slaughter the hady now to make up for what was missed, because their travel to Jeddah does not exempt them from the hady. Rather, what exempts one from the hady, as I pointed out, is for a person to return to his home country and then return from his home country in the state of ihram for Hajj. Yes.
Source
جلسات الحج 1409هـ - 5 — binothaimeen.net (1:10:01)
The Arabic text is a machine transcription of the audio recording.
