Discussion of the ruling on one who performs 'Umrah, then travels, then returns in the state of ihram for Hajj: is the sacrificial animal obligatory upon him?
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The Shaykh : This issue is a matter of disagreement among the scholars, with three positions considered the foundational views. The first position is that travel does not exempt one from the sacrificial animal, whether the travel is short or long, whether to the pilgrim's home country or to another country. Are you with us, Khalid? What did we say?
The questioner : The sacrificial animal is not exempted.
The Shaykh : Yes. According to this view, if a man performs 'Umrah during the months of Hajj while intending to perform Hajj that year, then returns to his home and stays there until the time for Hajj arrives, and then returns in the state of ihram for Hajj, the sacrificial animal is not exempted from him. The proponent of this view claims that this is the apparent meaning of the Qur'an, though there is debate regarding whether it is indeed the apparent meaning. This is because His saying[Al-Baqarah 2:196] indicates that this man is traveling for Hajj, and were it not for the 'Umrah, he would not have achieved tamattu'. This indicates that he did not travel between the two. The second position is that travel of the distance of qasr (shortening the prayer) exempts one from the sacrificial animal, whether he travels to his home or to another country. According to this view, if a resident of Riyadh performs 'Umrah during the months of Hajj intending to perform Hajj, then travels to Madinah and returns from Madinah in the state of ihram for Hajj, the sacrificial animal is exempted from him because he traveled the distance of qasr between the 'Umrah and the Hajj.
The third position is to distinguish: if he travels to his family and then returns and enters the state of ihram for Hajj, the sacrificial animal is exempted from him; but if he travels to a place other than his family's location, it is not exempted from him. So in the example we mentioned, a man from Riyadh enters the state of ihram for 'Umrah and exits from it, then travels to Madinah and returns from Madinah in the state of ihram for Hajj: is the sacrificial animal exempted from him or not? It is not exempted.
The questioner : The sacrificial animal is not exempted.
The Shaykh : Yes. According to this view, if a man performs 'Umrah during the months of Hajj while intending to perform Hajj that year, then returns to his home and stays there until the time for Hajj arrives, and then returns in the state of ihram for Hajj, the sacrificial animal is not exempted from him. The proponent of this view claims that this is the apparent meaning of the Qur'an, though there is debate regarding whether it is indeed the apparent meaning. This is because His saying
whoever performs 'umrah [during the Hajj months] followed by Hajj
فمن تمتع بالعمرة إلى الحجThe third position is to distinguish: if he travels to his family and then returns and enters the state of ihram for Hajj, the sacrificial animal is exempted from him; but if he travels to a place other than his family's location, it is not exempted from him. So in the example we mentioned, a man from Riyadh enters the state of ihram for 'Umrah and exits from it, then travels to Madinah and returns from Madinah in the state of ihram for Hajj: is the sacrificial animal exempted from him or not? It is not exempted.