A Muslim after finishing his ‘Umrah in the Tamattu‘ Hajj traveled to Taa‘if, Jeddah or Madeenah. Now he wishes to return to Makkah. What is the place where he should assume his state of Ihraam, knowing that he may return to Makkah several days before the day of Tarwiyah (the 8th of Thul-Hijjah)? Should he remain in the state of Ihraam (ritual consecration) for all these days? This is in the case of having to assume the state of Ihraam from the Meeqaat (designated places for assuming Ihraam). Can he return to Makkah without Ihraam, then, go back to the Meeqaat on the 7th or 8th of Thul-Hijjah to assume his state of Ihraam from there?
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Muslim jurists are of different opinions concerning the pilgrim who performs ‘Umrah during the months of Hajj and travels before the day of Tarwiyah (8th of Thul-Hijjah) for a distance which allows his shortening prayer as to whether he should end his Tamattu‘ and must assume the state of Ihraam once again upon returning to Makkah, or that he would not need to assume his state of Ihraam.
Some scholars said that his Tamattu' ends and he is not required to slaughter a sacrificial animal for Tamattu', then, he is to assume his state of Ihraam once again from the Meeqaat. This is the opinion of the Hanbali scholars. While mentioning the conditions of Tamattu‘, Ibn Qudaamah said,
He should not travel for a distance that would allow shortening his prayer as ‘Umar, may Allah be pleased with him, was reported to have said, “If a pilgrim performs ‘Umrah during the months of Hajj and remains there [in Makkah], he would be considered as performing the Tamattu‘ Hajj. If he leaves and returns, then he would no longer be considered as performing the Tamattu‘ Hajj.” This is because if he travels, he would be required to assume the state of Ihraam from the Meeqaat.
Other scholars said that he would remain in his Tamattu‘ and not required to assume his state of Ihraam from the Meeqaat. Rather, he should assume his state of Ihraam for Hajj from Makkah on the day of Tarwiyah after he returns. This opinion is approved by Shaykh Ibn ‘Uthaymeen when he was asked about the pilgrim who visited the Mosque of the Prophet between ‘Umrah (lesser pilgrimage) and Hajj or went to Taa‘if whether he had to assume his state of Ihraam after returning to Makkah in Tamattu‘ Hajj. He answered, Ihraam would not be obligatory on him [i.e. when a pilgrim who performed ‘Umrah during the months of Hajj, traveled to Taa‘if, Jeddah, or Madeenah, then, returned to Makkah, he would not be required to don Ihraam for Hajj] as he returned to his original place. Instead, he would assume his state of Ihraam for Hajj on the day of Tarwiyyah in Makkah as if he is one of its inhabitants who traveled to Madeenah during the months of Hajj, then, returned from Madeenah with the intention to perform Hajj that year. He is not required to assume his state of Ihraam for Hajj except from Makkah.
The same fatwa was given by Shaykh Ibn Baaz saying,
Whoever came for Hajj and performed ‘Umrah, then, stayed in Jeddah or Taa‘if, while he is not of their inhabitants, then, assumed his state of Ihraam for Hajj, he would be considered performing Tamattu' Hajj. His travel to Taa'if, Jeddah, or Madeenah does not bring him out of Tamattu' Hajj because he came to perform them together and traveled to Jeddah or Taa‘if for a need. The same ruling applies to the pilgrim who traveled to visit Madeenah; this obviously does not cancel his state of performing Tamattu‘ Hajj. This is the preponderant opinion, and he is required to slaughter a Hady for Tamattu' Hajj.
Allah Knows best.
Fatwa answered by: The Fatwa Center at Islamweb