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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who performed 'Umrah at the end of Shawwal and then returned with the intention of performing Hajj alone

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Question: I performed 'Umrah at the end of the month of Shawwal, then returned with the intention of performing Hajj alone. I hope you will inform me of my status: am I considered to be performing tamattu', and is the sacrificial animal obligatory upon me, or not?

Answer: If a person performs 'Umrah in Shawwal or in Dhul-Qa'dah, then returns to his family, and then comes to perform Hajj alone, the majority of scholars hold that he is not performing tamattu' and that no sacrificial animal is required of him; because he went to his family and then returned to perform Hajj alone. This is the report from 'Umar and his son (may Allah be pleased with them both), and it is the opinion of the majority. The report from Ibn 'Abbas is that he would be performing tamattu' and that the sacrificial animal is required of him; because he combined Hajj and 'Umrah in the months of Hajj in the same year.
As for the majority, they say: if he returns to his family, and some of them say: if he travels a distance that permits shortening the prayer, and then comes to perform Hajj alone, he is not performing tamattu'. And the most apparent, and Allah knows best, is that the stronger position is what came from 'Umar and his son (may Allah be pleased with them both): that if he returns to his family, he is not performing tamattu' and no blood (sacrifice) is required of him.
As for the one who comes for Hajj and performs 'Umrah, then remains in Jeddah or al-Ta'if, and he is not from their people, and then enters the state of ihram for Hajj, this person is performing tamattu'. His going out to al-Ta'if or Jeddah or al-Madinah does not take him out of being a person performing tamattu'; because he came to perform both, and he only traveled to Jeddah or al-Ta'if for a need. Likewise, the one who travels to al-Madinah for visitation; all of this does not take him out of being a person performing tamattu' in the most apparent and stronger position. So the sacrificial animal of tamattu' is required of him, and he must perform sa'y for his Hajj just as he performed sa'y for his 'Umrah.
Source binbaz.org.sa

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

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