Sifat al-Hajj wa’l-‘Umrah (Description of Hajj and ‘Umrah), Dought & clear, - * Is it permissible to change one’s intention from tamattu‘ to qiraan for one who has not brought a sacrificial animal with him?

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Is it permissible to change one’s intention from tamattu‘ to qiraan for one who has not brought a sacrificial animal with him? Did the Mother of the Believers ‘Aa’ishah (may Allah be pleased with her) offer a sacrifice on the Day of Sacrifice after she switched her Hajj to qiraan?
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Praise be to Allah
Firstly:
If the pilgrim who is doing tamattu‘ [‘umrah followed by Hajj, exiting ihram in between] is not able to do ‘umrah before Hajj, then he should change his intention from tamattu‘ to qiraan. So he should intend to do qiraan, i.e., doing Hajj and ‘umrah together.
Ibn Qudaamah (may Allah have mercy on him) said: If a woman who is doing tamattu‘ gets her menses before doing tawaaf for ‘umrah, and she is afraid of missing Hajj, or someone else fears missing Hajj [for another reason], he should enter ihram for Hajj with ‘umrah, and therefore will do qiraan, because of the hadith of ‘Aa’ishah, and because it is permissible to join Hajj with ‘umrah with no excuse, therefore it is more appropriate that it should be permissible to do that when there is the fear of missing Hajj.
End quote fromal-Kaafi fi Fiqh al-Imam Ahmad(1/483)
This has been discussed previously in the answer to question no. 109336
In that regard there is no difference between the pilgrim doing tamattu‘ who has a sacrificial animal with him and the one who does not have a sacrificial animal with him, because he is only doing that to make sure that he will not miss Hajj, and this is something that may be applicable to both the one who has brought a sacrificial animal with him and the one who has not brought one with him.
Ibn Qudaamah (may Allah have mercy on him) said:
If the one who is doing tamattu‘ fears that he may miss Hajj, he should change the intention of ihram to Hajj, and thus he will be doing qiraan. The same applies to the one who is doing tamattu‘ and has the sacrificial animal with him; he should not exit ihram after doing ‘umrah; rather he should change the intention of his ihram to include Hajj along with ‘umrah, and thus he will be doing qiraan.
End quote fromal-Mughni(3/422).
If he is now doing qiraan after he started out doing tamattu‘, the actions of ‘umrah will be included with his Hajj.
It says inKashshaaf al-Qinaa‘ ‘an Matn al-Iqnaa‘(2/416):
‘Umrah is waived in his case, i.e., he can combine its actions with the actions of Hajj, like all others who are doing qiraan, and that will count for the obligatory ‘umrah. End quote.
This is according to the view that it is possible to do tamattu‘ and bring a sacrificial animal. Otherwise there are some scholars who do not allow tamattu‘ for the one who has brought a sacrificial animal.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
The correct view is that if a person has brought a sacrificial animal with him, he is not allowed to do tamattu‘, because the Prophet (blessings and peace of Allah be upon him) said: “If I had known before what I know now, I would not have brought the sacrificial animal and I would have exited ihram with you [following ‘umrah, then I would enter ihram again for Hajj].” Based on that, the one who has brought the sacrificial animal with him has no choice but to do either qiraan [‘umrah followed by Hajj without exiting ihram in between] or ifraad [Hajj on its own]. And if we say that if he has a sacrificial animal with him, he should not exit ihram but he may be doing tamattu‘, that would be a fourth type of Hajj that is not mentioned in the Sunnah, which is doing tamattu‘ without exiting ihram between ‘umrah and Hajj. This is something unprecedented.
End quote fromash-Sharh al-Mumti‘(7/278)
Secondly:
With regard to your question about whether ‘Aa’ishah (may Allah be pleased with her) offered a sacrifice after she switched to doing qiraan?
The answer is that the Messenger of Allah (blessings and peace of Allah be upon him) sacrificed a cow on her behalf. InSaheeh Muslim(1319) it is narrated that Jaabir (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) sacrificed a cow on behalf of ‘Aa’ishah on the Day of Sacrifice.
With regard to the words of ‘Aa’ishah (may Allah be pleased with her), as narrated inSaheeh Muslim(1211): Allah enabled us to complete our Hajj and our ‘Umrah. And there was no sacrifice, charity or fasting required because of that, The scholars have answered that:
It was said that these words have been inserted (by a later narrator) and are not the words of ‘Aa’ishah (may Allah be pleased with her).
Ibn al-Qayyim (may Allah have mercy on him) said: This additional material – namely the words “And there was no sacrifice…” – have been inserted into the hadith and are the words of Hishaam ibn ‘Urwah, as was stated by Muslim inas-Saheeh.
End quote fromTahdheeb as-Sunan(1/190)
Al-Qurtubi said:
These words, which appear to be problematic, are not really problematic because they were narrated by Wakee‘ in a mawqoof report the isnaad of which ended with Hishaam ibn ‘Urwah and his father. He said: ‘Urwah said: Allah enabled her to complete her Hajj and ‘umrah. Hishaam said: And there was no sacrifice, charity or fasting required because of that. As that is the case, this additional material is separate from the rest of the text, because ‘Urwah and Hishaam are stating in these words that no report reached them concerning that. In other words, they are saying that they have no knowledge of that. But that does not necessarily mean that nothing of that hanture happened. Perhaps the Prophet (blessings and peace of Allah be upon him) offered a sacrifice on her behalf, but news of that did not reach them. This interpretation may be applied, on the assumption that these were the words of ‘Aa’ishah. This is supported by the words of Jaabir, who said that the Prophet (blessings and peace of Allah be upon him) sacrificed a cow on behalf of ‘Aa’ishah.
It may be that what is meant by her words “And there was no sacrifice, charity or fasting required because of that” is that he did not instruct her to do any of those things, because he intended to do that on her behalf, as he did, according to the reports narrated by Jaabir and others.
End quote fromal-Mufhim lima ushkala min Talkhees Kitaab Muslim(10/62)
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said: Ibn Khuzaymah said: What is meant by the words “And there was no sacrifice, charity or fasting required because of that” is with regard to her not doing the first ‘umrah and making it up by doing it with Hajj, and not her ‘umrah that she did from at-Tan‘eem. This is a good interpretation.
End quote fromFath al-Baari(3/610)
An-Nawawi (may Allah have mercy on him) said: This interpretation is based on the assumption that she was speaking about herself, i.e., that there was no sacrifice, charity or fasting required because of that. But it is problematic if she was doing qiraan, because the one who does qiraan must offer a sacrifice, as must the one who does tamattu‘. It may be that this should be interpreted as meaning: I did not have to offer a compensatory sacrifice for committing any of the actions that are prohibited whilst in ihram, such as wearing perfume, covering the face, killing game, removing hair, clipping the nails, and so on. In other words, I did not commit any of the prohibited acts because of which I would have to offer a sacrifice or give charity or fast. This is the favoured view concerning the interpretation of this matter.
from Sharh Muslim(8/145)
And Allah knows best.
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* How often should the one who is doing Hajj tamattu‘ perform tawaaf and sa‘i?

Does the one who is doing tamattu‘ have to do tawaaf and sa‘i for Hajj, or is the tawaaf and sa‘i of ‘Umrah sufficient for him?
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Praise be to Allah
The one who is doing tamattu‘ has to do two tawaafs and two sa‘is: one tawaaf and sa‘i for ‘umrah and one tawaaf and sa‘i for Hajj. This is the view of the majority of scholars, including Maalik, ash-Shaafa‘i, and Ahmad, according to the most correct of the reports narrated from him.
It was narrated from Ibn ‘Abbaas (may Allah be pleased with him) that he was asked about Hajj tamattu‘ and he said: The Muhaajireen and Ansaar, and the wives of the Prophet (blessings and peace of Allah be upon him), entered ihram during the Farewell Pilgrimage, and we entered ihram, and when we came to Makkah, the Messenger of Allah (blessings and peace of Allah be upon him) said: “Make your ihram for Hajj for umrah instead, except for those who have garlanded the sacrificial animals.” So we circumambulated the Ka‘bah, and went between as-Safa and al-Marwah, and we had intercourse with our wives and wore our regular clothes. And he said: “Whoever has garlanded his sacrificial animal, it is not permissible for him (to exit ihram) until the sacrificial animal reaches the place of sacrifice.” Then on the night before the day of Tarwiyah, he instructed us to do the following: enter ihram for Hajj, then when we have completed the rituals, come and circumambulated the Ka‘bah and go between as-Safa and al-Marwah, and by doing so our Hajj would be complete, but we still had to offer the sacrifice.
Narrated by al-Bukhaari in the Book of Hajj/ Chapter on the verse in which Allah, may He be exalted, says (interpretation of the meaning):“This is for him whose family is not present at Al-Masjid-al-Haram (i.e. non-resident of Makkah)” [al-Baqarah 2:196].
Shaykh ash-Shinqeeti (may Allah have mercy on him) said:
This hadith, which is proven inSaheeh al-Bukhaari, clearly indicates that those who were doing tamattu‘ and exited ihram after doing their ‘umrah did tawaaf and sa‘i for their ‘umrah and then did tawaaf and sa‘i again for their Hajj.
End quote fromAdwa’ al-Bayaan(5/178)
And he said:
From what we have mentioned it is clear that the hadith of Ibn ‘Abbaas referred to indicates that the one who is doing tamattu‘ must do sa‘i, and do tawaaf for his Hajj after standing in ‘Arafah, and the previous tawaaf and sa‘i that he did for ‘umrah does not suffice for his Hajj.
End quote fromAdwa’ al-Bayaan(5/182)
It was narrated that ‘Aa’ishah (may Allah be pleased with her) said: Those who had entered ihram for ‘Umrah did tawaaf and sa‘i and then exited ihram, then they did another tawaaf and sa‘i after they came back from Mina.
As for those who combined Hajj and ‘umrah (i.e., qiraan), they only did tawaaf and sa‘i once.
Narrated by al-Bukhaari (1557) and Muslim (1211).
Shaykh ash-Shinqeeti (may Allah have mercy on him) said:
This clear text, on which there is agreement, indicates that there is a difference between the one who does qiraan and the one who does tamattu‘. The one who does qiraan does the same as the one who is doing ifraad (Hajj on its own), and the one who is doing tamattu‘ does tawaaf and sa‘i for his ‘umrah and another tawaaf and sa‘i for his Hajj. There is no room for dispute concerning this issue after reading this hadith, and the hadith of Ibn ‘Abbaas that was mentioned above, which was narrated by al-Bukhaari.
These texts point to the validity of this view which differentiates between the one who is doing qiraan and the one who is doing tamattu‘. This is the view of the majority of scholars, and it is the correct view, in sha Allah.
End quote fromAdwa’ al-Bayaan(5/185)
The scholars of the Standing Committee said:
The one who is doing tamattu‘ must do two sa‘is: one for ‘umrah and one for Hajj.
Shaykh ‘Abd al-‘Azeez ibn ‘Abdullah ibn Baaz, Shaykh ‘Abd ar-Razzaaq ‘Afeefi, Shaykh ‘Abdullah ibn Ghadyaan
Fataawa al-Lajnah ad-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’(11/258)
This is the view which was regarded as more likely to be correct by Shaykh Muhammad ibn Ibraaheem, as he said in hisFataawa(6/65) and by Shaykh Ibn ‘Uthaymeen as he said inash-Sharh al-Mumti‘(7/374):
The one who is doing tamattu‘ is the one who enters ihram for ‘umrah during the months of Hajj, then exits ihram, and enters ihram for Hajj in the same year. He must do two tawaafs and two sa‘is: one tawaaf for ‘umrah and another for Hajj, and one sa‘i for ‘umrah and another for Hajj.
And Allah knows best.
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15 * She does Hajj as other people do, and she is not aware of the three types of Hajj

There is a woman who is not aware of the three types of Hajj, and is not aware of the importance of the intention. She has done Hajj five times when she did Hajj on the day of at-Tarwiyah (8th Dhu’l-Hijjah). She went with the people, when they went to ‘Arafah and Muzdalifah, and she stoned the Jamaraat, but she did not have a specific intention to do any of the three types of Hajj. Is her Hajj during those years valid?
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Praise be to Allah
What appears to be the case is that her Hajj is valid, because it is as if she used to say: I am entering ihram for what the people are entering ihram for, and it is permissible to enter ihram for what someone else enters ihram for. The Prophet (blessings and peace of Allah be upon him) said to ‘Ali ibn Abi Taalib during the Farewell Pilgrimage, when he came from Yemen with Abu Moosa al-Ash‘ari (may Allah be pleased with them both), “What have you entered ihram for?” ‘Ali said: For that for which the Messenger of Allah (blessings and peace of Allah be upon him) has entered ihram. And he said: I have brought the sacrificial animal with me. So he told him to make it qiraan [hajj and ‘umrah together]. As for Abu Moosa al-Ash‘ari, he also said that he had entered ihram for that for which the Messenger of Allah (blessings and peace of Allah be upon him) had entered ihram, but because he did not have a sacrificial animal with him, the Prophet (blessings and peace of Allah be upon him) instructed him to make it ‘umrah (and then follow it with Hajj), because tamattu‘ [‘umrah followed by Hajj, exiting ihram in between] is better than qiraan.
Undoubtedly this woman – according to what appears to us to be the case – entered ihram for that for which the people entered ihram, and said, I will do what the people do. But what a person must do, when he decides to do an act of worship – whether it is Hajj, fasting, giving charity or anything else – is to learn about it before he does it. If he comes after having done it and says: What was the ruling? this is undoubtedly contrary to what is preferable.
Majmoo‘ Fataawa Ibn ‘Uthaymeen (22/22)







*AS'SALAMU ALAIKUM (WR, WB)*
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Friday - Sep - 9 - 2016
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Dhul Hajj - - 6 - -1437
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