Discussion of the one who enters the state of ihram for Hajj and then converts it to 'Umrah in order to escape it.
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The Shaykh : Now, the commentary mentioned an issue that we should discuss, which is that if a person enters the state of ihram for Hajj and arrives in Makkah, it is a recommended practice (sunnah) for him to convert his Hajj to 'Umrah so that he becomes one who performs tamattu'. Pay attention to this condition: if he converts his Hajj to 'Umrah in order to exit the state of ihram through the 'Umrah, then that is not valid. Are you with us? What did we say, Khalid?
The questioner : ... .
The Shaykh : If a man enters the state of ihram for Hajj, and we tell him to cancel his Hajj and convert it to 'Umrah so that he becomes one who performs tamattu', but he intends to cancel the Hajj and convert it to 'Umrah in order to exit the state of ihram through it, not for the sake of performing tamattu', then that is not permissible. Because this is a stratagem to drop the obligation of Hajj from him. If someone asks, "What is the difference between the one who cancels Hajj to become one who performs tamattu' and the one who cancels Hajj to 'Umrah in order to exit the state of ihram through it?" We say the difference between them is clear. The one who cancels Hajj to 'Umrah in order to exit the state of ihram through it is using a stratagem to drop the obligation of proceeding with Hajj. The one who cancels Hajj to 'Umrah to become one who performs tamattu' is moving from the lesser to the greater, because the one who performs tamattu' is better than the one who performs qiran and the one who performs ifrad. This is what the Prophet (peace and blessings be upon him) ordered his Companions to do: to cancel their Hajj and make it 'Umrah. Why? So that they would become those who perform tamattu', not so that they would exit the state of ihram from Hajj through 'Umrah. I think 'Umar did not understand the speech. Did you understand? Who did not understand should raise his finger? By Allah, Zayn, praise be to Allah, there are only two who did not understand?
The questioner : If I asked who understood, they would not raise their hands either.
The Shaykh : No, because the one who understood is afraid of arrogance and showing off in worship (riya'). Now, in any case, let us give an example of this. A man traveled to Makkah in the months of Hajj and entered the state of ihram for Hajj, and the duration was prolonged, with ten or twenty days remaining until Hajj. He said, "Then I will convert it to 'Umrah so that I can perform tawaf, sa'y, and shorten my hair, and return to my country." What do you say about this? Is this not permissible?
The questioner : Yes.
The Shaykh : Why? Because when he started Hajj, it became obligatory for him to complete it. So if he converts it to 'Umrah in order to escape it, he is using a stratagem to drop an obligation upon him. Is that clear or not? Now, another man went to perform Hajj. He entered the state of ihram for Hajj in the months of Hajj, and then he was told that tamattu' is better, so he converted the Hajj to 'Umrah to become one who performs tamattu'. He will remain until Hajj and perform Hajj. What do we say about this?
The questioner : Permissible.
The Shaykh : This is permissible, indeed it is a recommended practice (sunnah). Why? Because he moved from the lesser to the better, and he did not use a stratagem to drop an obligation, but he moved from the lesser to the better. Did you understand? The parallel to this is "that a man came to the Messenger of Allah (peace and blessings be upon him) and said: O Messenger of Allah, I vowed that if Allah opens Makkah for you, I will pray in the House of Prayer (Bayt al-Maqdis)" He said meaning in Makkah. Why? Because Makkah is better than the House of Prayer. So he repeated it to him, and he said and it seemed the man was not convinced, so he repeated it to him, and he said , and he left him to himself. Did you understand? Here he moved from what was specified to a specified thing that is better than it. Now, the parallel to this, even though we have lengthened it for you, is a man who started the midday prayer (Zuhr) alone, and then a congregation gathered, so he converted it to a voluntary prayer to join the congregation. What do you say? Is it permissible or not permissible? Permissible, meaning when he was in the second unit of prayer (rak'ah), a congregation gathered, so he converted it to a voluntary prayer to pray with the congregation. We say this is permissible, there is nothing wrong with it. Now, he entered the midday prayer, and when he was in the second unit of prayer, he remembered something that would not be missed, so he said, "I will convert it to a voluntary prayer in order to escape from it." Is it permissible or not permissible?
The audience: It is not permissible.
The Shaykh : It is not permissible, because this is a stratagem to drop an obligation. Because when he started the obligatory prayer, it became obligatory for him to complete it. So the important point is these important rules for the student of knowledge: the one who moves from one thing to another in order to escape the first thing because it is obligatory upon him, that is not valid. Because obligations are not dropped by stratagems against them, just as forbidden things are not made permissible by stratagems against them. As for the one who moves from an obligation to complete that obligation, then that is permissible and there is no harm in it, because he moved to what is better.
The questioner : ... .
The Shaykh : If a man enters the state of ihram for Hajj, and we tell him to cancel his Hajj and convert it to 'Umrah so that he becomes one who performs tamattu', but he intends to cancel the Hajj and convert it to 'Umrah in order to exit the state of ihram through it, not for the sake of performing tamattu', then that is not permissible. Because this is a stratagem to drop the obligation of Hajj from him. If someone asks, "What is the difference between the one who cancels Hajj to become one who performs tamattu' and the one who cancels Hajj to 'Umrah in order to exit the state of ihram through it?" We say the difference between them is clear. The one who cancels Hajj to 'Umrah in order to exit the state of ihram through it is using a stratagem to drop the obligation of proceeding with Hajj. The one who cancels Hajj to 'Umrah to become one who performs tamattu' is moving from the lesser to the greater, because the one who performs tamattu' is better than the one who performs qiran and the one who performs ifrad. This is what the Prophet (peace and blessings be upon him) ordered his Companions to do: to cancel their Hajj and make it 'Umrah. Why? So that they would become those who perform tamattu', not so that they would exit the state of ihram from Hajj through 'Umrah. I think 'Umar did not understand the speech. Did you understand? Who did not understand should raise his finger? By Allah, Zayn, praise be to Allah, there are only two who did not understand?
The questioner : If I asked who understood, they would not raise their hands either.
The Shaykh : No, because the one who understood is afraid of arrogance and showing off in worship (riya'). Now, in any case, let us give an example of this. A man traveled to Makkah in the months of Hajj and entered the state of ihram for Hajj, and the duration was prolonged, with ten or twenty days remaining until Hajj. He said, "Then I will convert it to 'Umrah so that I can perform tawaf, sa'y, and shorten my hair, and return to my country." What do you say about this? Is this not permissible?
The questioner : Yes.
The Shaykh : Why? Because when he started Hajj, it became obligatory for him to complete it. So if he converts it to 'Umrah in order to escape it, he is using a stratagem to drop an obligation upon him. Is that clear or not? Now, another man went to perform Hajj. He entered the state of ihram for Hajj in the months of Hajj, and then he was told that tamattu' is better, so he converted the Hajj to 'Umrah to become one who performs tamattu'. He will remain until Hajj and perform Hajj. What do we say about this?
The questioner : Permissible.
The Shaykh : This is permissible, indeed it is a recommended practice (sunnah). Why? Because he moved from the lesser to the better, and he did not use a stratagem to drop an obligation, but he moved from the lesser to the better. Did you understand? The parallel to this is "that a man came to the Messenger of Allah (peace and blessings be upon him) and said: O Messenger of Allah, I vowed that if Allah opens Makkah for you, I will pray in the House of Prayer (Bayt al-Maqdis)" He said
Pray here
صل هاهناPray here
صل هاهناSo, it is up to you then.
فشأنك إذنThe audience: It is not permissible.
The Shaykh : It is not permissible, because this is a stratagem to drop an obligation. Because when he started the obligatory prayer, it became obligatory for him to complete it. So the important point is these important rules for the student of knowledge: the one who moves from one thing to another in order to escape the first thing because it is obligatory upon him, that is not valid. Because obligations are not dropped by stratagems against them, just as forbidden things are not made permissible by stratagems against them. As for the one who moves from an obligation to complete that obligation, then that is permissible and there is no harm in it, because he moved to what is better.
