My wife came to reside with me in Jeddah from Egypt and performed the 'Umrah of Hajj, then exited the state of ihram with the intention of tamattu', and then we performed Hajj, but she did not repeat the sa'y.
Machine translationRead the Arabic original
The questioner : He says: My wife came to reside with me in Jeddah from Egypt on the fourth of Dhul-Hijjah and performed the 'Umrah of Hajj, then exited the state of ihram with the intention of tamattu', and then we performed Hajj, but she did not repeat the sa'y. We were content with the first sa'y of the 'Umrah, acting on the opinion of those scholars who hold that view, as we read that there is disagreement among scholars on this matter. One of the brothers directed us to the words of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), who stated that the sa'y of 'Umrah suffices for the sa'y of Hajj for one who does not repeat the sa'y. Based on this, she did not perform the sa'y, and we returned to Jeddah. We ask the honorable Shaykh to guide us to the correct ruling in this matter. May Allah reward you with good?
The Shaykh : The reality is that many issues of Islamic jurisprudence are not free from scholarly disagreement. If a layperson who does not know reads the books of scholars and acts on what is easiest for him, that is forbidden. For this reason, the scholars said that whoever follows the dispensations has committed open sinfulness, meaning he has become an open sinner. It is known that the choice of Shaykh al-Islam is what the questioner mentioned: that the one performing tamattu' is sufficient with the first sa'y of the 'Umrah. There are proofs for this, but they contain a doubtful matter. However, the correct view is that the one performing tamattu' is obligated to perform two sa'ys: one for Hajj and one for 'Umrah. This is indicated by the hadiths of 'A'ishah and Ibn 'Abbas (may Allah be pleased with them), which are in al-Bukhari, and the majority of the people of knowledge are upon this view. Reasoning also necessitates this, because every act of worship in 'Umrah and Hajj in tamattu' is independent of the other. For this reason, if he invalidates the 'Umrah, he does not invalidate the Hajj, and if he invalidates the Hajj, the 'Umrah is not invalidated. If he commits one of the prohibitions in 'Umrah, its ruling does not apply to the Hajj. Rather, the Hajj is independent with its pillars, obligations, and prohibitions, and the 'Umrah is independent with its pillars, obligations, and prohibitions. Thus, the evidence and reasoning necessitate that each of 'Umrah and Hajj has its own sa'y for the one performing tamattu'. Based on this, if you followed the opinion of Shaykh al-Islam based on a consultation with someone you trust in his knowledge and trustworthiness, then you owe nothing. But do not make a habit of such things, and commit to performing two sa'ys: one in Hajj and one in 'Umrah, if you are performing tamattu'.
The questioner : May Allah reward you with good.
The Shaykh : The reality is that many issues of Islamic jurisprudence are not free from scholarly disagreement. If a layperson who does not know reads the books of scholars and acts on what is easiest for him, that is forbidden. For this reason, the scholars said that whoever follows the dispensations has committed open sinfulness, meaning he has become an open sinner. It is known that the choice of Shaykh al-Islam is what the questioner mentioned: that the one performing tamattu' is sufficient with the first sa'y of the 'Umrah. There are proofs for this, but they contain a doubtful matter. However, the correct view is that the one performing tamattu' is obligated to perform two sa'ys: one for Hajj and one for 'Umrah. This is indicated by the hadiths of 'A'ishah and Ibn 'Abbas (may Allah be pleased with them), which are in al-Bukhari, and the majority of the people of knowledge are upon this view. Reasoning also necessitates this, because every act of worship in 'Umrah and Hajj in tamattu' is independent of the other. For this reason, if he invalidates the 'Umrah, he does not invalidate the Hajj, and if he invalidates the Hajj, the 'Umrah is not invalidated. If he commits one of the prohibitions in 'Umrah, its ruling does not apply to the Hajj. Rather, the Hajj is independent with its pillars, obligations, and prohibitions, and the 'Umrah is independent with its pillars, obligations, and prohibitions. Thus, the evidence and reasoning necessitate that each of 'Umrah and Hajj has its own sa'y for the one performing tamattu'. Based on this, if you followed the opinion of Shaykh al-Islam based on a consultation with someone you trust in his knowledge and trustworthiness, then you owe nothing. But do not make a habit of such things, and commit to performing two sa'ys: one in Hajj and one in 'Umrah, if you are performing tamattu'.
The questioner : May Allah reward you with good.