There is someone who performed ‘Umrah during the months of Hajj with the intention to do Hajj At-Tamattu‘, saying, “I am responding to Your Call (O Allaah) by doing ‘Umrah followed by Hajj At-Tamattu‘,” and then returned to his homeland. When it was the time of the season of Hajj, he was detained from setting out for Hajj. What is the ruling concerning him? Will his intention remain effective in the sense that it is impermissible for him to do what a pilgrim is forbidden to do? What is the ruling on his ‘Umrah?
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Performing ‘Umrah during the months of Hajj is one of the best acts of worship that draws the slave near to Allaah. The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, performed ‘Umrah four times, all during the months of Hajj. It makes no difference whether or not the pilgrim performs Hajj in the same season. In all cases, his ‘Umrah is valid and counted in his favor. He receives a reward for it, Allaah willing. If he completes his ‘Umrah and then does not perform Hajj in the same season, nothing will be due on him, and it is not due on him to refrain from the things from which a pilgrim should refrain. Without a doubt, one is not considered in a state of Ihram (ritual state of consecration) only by intending to perform Hajj. He will not be subject to the rulings of Ihram unless he assumes Ihram for Hajj or ‘Umrah. As long as the person does not assume Ihram for Hajj or ‘Umrah, nothing will be due on him of the requirements of Ihram. No sacrifice is due on him because he did not perform Hajj this year. It is a requisite for a sacrifice to be obligatory for Hajj At-Tamattu‘ to have performed Hajj in the same season (in which he has already performed ‘Umrah during the months of Hajj).
According to Ibn Hazm “As long as he does not assume Ihram for Hajj, he has not yet performed Tamattu‘, i.e. ‘Umrah during the months of Hajj followed by Hajj. There is no difference of opinion among the scholars on the fact that if he does not perform Hajj in the same season, no hady (sacrificial animal) is due on him.” [Quoted with slight adaptation]
It was narrated on the authority of Sa‘eed ibn Al-Musayyib that he said, "The Companions of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, used to perform ‘Umrah during the months of Hajj; and if they did not perform Hajj in the same season, then they would not offer a hady." [Al-Bayhaqi with a good chain of narration, according to An-Nawawi in Sharh Al-Muhaththab]
Even if this man performed Hajj in the same season, no sacrifice would be due on him because he returned home (after his ‘Umrah and before his Hajj), and his return to his homeland cancels out the sacrifice of Tamattu‘ according to the majority of the scholars.
Allaah Knows best.
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