Continuation of the discussion on the three forms of Qiran.

The Shaykh : It suffices for you to perform Hajj only. If this is the evidence, and if you examine the evidence, you may find a contradiction and say that the evidence is more specific than the ruling derived from it, and it is not valid to argue from the specific to the general, and the reverse is true. Is this a known point of discussion or not?
The attendees: It is known.

The Shaykh : We said that the second form is to enter the state of Ihram for 'Umrah and then add Hajj to it. What did we use as evidence? The hadith of 'Aishah that she menstruated before reaching Makkah, so the Messenger of Allah (peace and blessings be upon him) ordered her to enter the state of Ihram for Hajj and made her a Qarinah. The evidence here is that what occurred was in a state resembling dire necessity, because 'Aishah in this state could not complete the 'Umrah while menstruating, correct?

The questioner : Yes.

The Shaykh : Correct. If someone were to ask, "Is it not possible for her to become pure before going out to Mina, since they arrived on the fourth day?" We say, yes, it is possible. But legal matters are based on probability, on the preponderance of probability. She knew herself that her menstruation would last, for example, six days, and she would not be able to perform the 'Umrah before going out for Hajj. So, is the hadith of 'Aishah in a state of dire necessity? Do we use it as evidence for a state of ease and say that it is permissible for a person who enters the state of Ihram for 'Umrah to add Hajj to it to become a Qarin?
The attendees: ...

The Shaykh : The jurists say it is permissible, but there is something in this from the perspective of the Hanbali school, because we say: if the Messenger of Allah (peace and blessings be upon him) ordered the one who entered the state of Ihram for Hajj and did not bring the sacrificial animal to make it an 'Umrah, how can we make the 'Umrah a Hajj? Is this not contrary to what the Messenger of Allah ordered? Because if you make the 'Umrah a Hajj, what will you do? You will remain in your state of Ihram until the day of 'Id, is that so? Adam, we said that the evidence is more specific than the ruling derived from it. How was it more specific? The ruling derived is general, covering the case of an excuse and the case of no excuse, which is what we ruled upon. And the evidence is specific to the case of dire necessity and excuse. Now, what is the third form? It is to enter the state of Ihram for Hajj first and then add 'Umrah to it. There is disagreement on this. The well-known view among the Hanbalis (may Allah have mercy on them) is that this is not permissible, because it is not valid to add the smaller to the larger. This applies to the one who wants to be a Qarin. As for the one who converts Hajj to 'Umrah to become a Mutamatti', it is clear that this is permissible. But this is the one who entered the state of Ihram for Hajj and then added 'Umrah to it to remain in his state of Ihram until the day of 'Id, so that he would be a Qarin. So, according to the Hanbalis, entering the state of Ihram for 'Umrah is not valid, and he remains in his Hajj. But they say it is recommended to break the Hajj to become a Mutamatti' if he did not bring the sacrificial animal. Those who said it is permissible said that the Prophet (peace and blessings be upon him) first entered the state of Ihram for Hajj, as 'Aishah said, "And the Messenger of Allah (peace and blessings be upon him) declared his intention for Hajj", then Jibril came to him and said, , so he ordered him to add 'Umrah to the Hajj. This indicates adding 'Umrah to Hajj. The opinion that it is not valid to add the smaller to the larger is mere analogical reasoning, and there is a problem with it. For the Prophet (peace and blessings be upon him) said, , and he said, . So there is no obstacle and no contradiction. And this opinion, as you see, has strong evidence that it is valid to add 'Umrah to Hajj. If they say that he does not benefit from it, we say he benefits: instead of performing one act of worship, he now performs two.