Praise be to Allah.
If a person does ‘umrah in Shawaal and stays in Makkah, then does Hajj in the same year, he is doing tamattu’ and has to offer a sacrifice,
That is because tamattu’ means “entering ihraam for ‘umrah during the months of Hajj and finishing it, then entering ihraam for Hajj in the same year.” The months of Hajj are: Shawwaal, Dhu’l-Qa’dah and the first ten days of Dhu’l-Hijjah.
If he travels between ‘umrah and Hajj, then there is a difference of opinion among the scholars; the correct view is that if he goes back to his own city or country then he has cancelled out tamattu’, but if he travels to somewhere other than his own city or country, his tamattu’ remains in effect, and if he does Hajj in the same year, he must offer the sacrifice.
The scholars of the Standing Committee for Issuing Fatwas was asked: I did the rituals of ‘umrah in Shawwaal 1395 AH, and after doing that I went back to my own town, and I have decided, in sha Allaah, to do the obligatory Hajj this year, 1395 AH. Will I have to offer a fidyah (ransom, i.e., sacrifice) or not?
They replied: The majority of fuqaha’ are of the view that you do not have to offer a sacrifice, because you did not do tamattu’ by doing ‘umrah and Hajj in one trip, as you said that you went back to your town after doing ‘umrah in Shawwaal of 1395 AH, and you did not stay in Makkah until you did Hajj.
Some fuqaha’ are of the view that you do have to offer a sacrifice if you did Hajj in the same year, even if you did go back to your own city or country or to a place that was further away, because of the general meaning of the words of Allaah (interpretation of the meaning):
“and whosoever performs the ‘Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu‘ and Al-Qiraan), he must slaughter a Hady such as he can afford”
[al-Baqarah 2:196]
Fatwas and what people should do should be based on the view of the majority that it is not obligatory to offer a sacrifice in that case.
End quote. Fataawa al-Lajnah al-Daa’imah (11/366)
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If a person enters ihraam with the intention of tamattu’ and reaches Makkah, he is obliged to do tawaaf and saa’i and cut his hair, and thus he exits ihraam for his ‘umrah. After that he may depart for Jeddah, Taa’if, Madeenah or any other city, and his tamattu’ will not be cancelled out by that; even if he comes back in ihraam for Hajj, his tamattu’ will not be cancelled out. But if he travels back to his own city or country then comes back from his county in ihraam for Hajj, then his tamattu’ is cancelled out, but if he comes back in ihraam for ‘umrah after going back to his country, then he will be doing tamattu’ because of the second ‘umrah, not the first one, because the first ‘umrah has been separated from his Hajj by his returning to his country. To sum up: If a person was doing tamattu’, he may travel between ‘umrah and Hajj to his own country or elsewhere, but if he travels to his own country then returns in ihraam for Hajj, he has cancelled out his tamattu’ and is now doing ifraad. If he travels to a place other than his city or country and comes back in ihraam for Hajj then his tamattu’ is still valid and he has to offer a sacrifice as is well known. End quote from al-Liqa’ al-Shahri (16/4).
Conclusion: If you went back to your own country or city after doing ‘umrah, tamattu’ is cancelled out and you do not have to offer a sacrifice. If you stayed in Makkah or travelled to another city or country other than your own, such as Madeenah for example, then your tamattu’ is not cancelled out.
It should be noted that the best type of Hajj is tamattu’, and it is the one that the Prophet (peace and blessings of Allaah be upon him) enjoined upon his companions and he wished that he had done it. This is mentioned in the answer to question no. 31822.
If you went back to your own city or country and thus cancelled out your tamattu’, then it is better for you to enter ihraam for ‘umrah from the meeqaat when you travel for Hajj, so that you will be doing tamattu’.
It should also be noted that the hadiy (sacrifice) is not a penalty that people should try to avoid, rather it is an act of worship by means of which the Muslim draws closer to Allaah, may He be exalted, and by means of which he increases in piety and righteous deeds, and gives thanks to Allaah for enabling him to perform the rituals (of Hajj and ‘umrah) in one trip.
And Allaah knows best.
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