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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Book of Hajj-05b

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The Reciter: And Ibn Numayr narrated to us, saying: Abu Nu'aym narrated to us, saying: Musa ibn Nafi' narrated to us, saying:
I arrived in Makkah performing 'Umrah as part of tamattu', four days before the Day of Tarwiyah. The people said: "Your Hajj will now be a Maki Hajj." So I went in to 'Ata ibn Abi Rabah and asked him for a ruling. قدمت مكّة متمتّعًا بعمرةٍ ، قبل التّروية بأربعة أيّامٍ ، فقال النّاس : تصير حجّتك الآن مكّيّةً ، فدخلت على عطاء بن أبي رباحٍ فاستفتيته
, so 'Ata said: Jabir ibn 'Abd Allah al-Ansari (may Allah be pleased with them both) narrated to me:
Jabir b. 'Abdullah al'Ansari (Allah be pleased with them) narrated to me that he performed Hajj with the Messenger of Allah (ﷺ) in the year when he took sacrificial animals with him (i.e. during the 10th year of Hijra known as the Farewell Pilgrimage) and they had put on Ihram for Hajj only (as Mufrid). The Messenger of Allah (ﷺ) said: Put off Ihram and circumambulate the House, and (run) between al-Safa and al-Marwa, and get your hair cut and stay as non-Muhrims. When it was the day of Tarwiya, then put on Ihram for Hajj and make lhram for Mut'a (you had put on Ihram for Hajj, but take it off after performing Umra and then again put on Ihram for Hajj). They said: How should we make it Mut'a although we entered upon lhram in the name of Hajj? He said: Do whatever I command you to do. Had I not brought sacrificial animals with me, I would have done as I have commanded you to do. But it is not permissible for me to put off Ihram till the sacrifice is offered. Then they also did accordingly. أنّه حجّ مع رسول الله صلّى الله عليه وسلّم عام ساق الهدي معه ، وقد أهلّوا بالحجّ مفردًا ، فقال رسول الله صلّى الله عليه وسلّم : أحلّوا من إحرامكم ، فطوفوا بالبيت وبين الصّفا والمروة ، وقصّروا ، وأقيموا حلالًا حتّى إذا كان يوم التّروية فأهلّوا بالحجّ ، واجعلوا الّتي قدمتم بها متعةً، قالوا : كيف نجعلها متعةً وقد سمّينا الحجّ ؟ قال : افعلوا ما آمركم به ، فإنّي لولا أنّي سقت الهدي ، لفعلت مثل الّذي أمرتكم به ، ولكن لا يحلّ منّي حرام ، حتّى يبلغ الهدي محلّه ، ففعلوا
Sahih Muslim 1216c
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The Shaykh : In this hadith: First, it is recommended for the one performing tamattu' to shorten his hair, in order to preserve hair for the Hajj, because if he shaved, there would be no hair left for the Hajj, and if any remained, it would be very little.
Second: It is permissible to make the Hajj an 'Umrah so that one can perform tamattu' with it until the Hajj.
As for the one who makes the Hajj an 'Umrah in order to exit the state of ihram and escape from the Hajj, this is forbidden. The reason is that the first person moved from a lesser act of worship to a better one, whereas the second person's intention is to evade, deceive, and trick. Therefore, it is not permissible. Do you understand the difference? The difference is: A person came as a pilgrim performing ifrad, arrived in Makkah, and in this state, he must wait and not exit the state of ihram until the Day of 'Eid. But if he converts the Hajj to an 'Umrah in order to get rid of it and return to his family, is this permissible? No, this is not permissible. However, if he makes the Hajj an 'Umrah so that he becomes a person performing tamattu' and performs Hajj from his current year, this is permissible, and indeed, it is better.
It is also derived from this hadith: That moving from the lesser to the better is permissible, even if the person has specified the lesser. This is a general rule in everything. Among its examples is what came in the authentic hadith where a man said: "O Messenger of Allah, I vowed that if Allah opens Makkah for you, I would pray in Bayt al-Maqdis." He said:
Pray here. صلّ ههنا
He repeated it to him, and he said:
Pray here. صلّ ههنا
He repeated it to him, and he said:
Then do as you wish شأنك إذن
.
The important point is that moving from the lesser to the better is permissible, even if the lesser was specified, because the Islamic Shari'ah came to achieve or increase benefits. However, if one intends to get rid of the lesser, this is not permissible.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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