What are the conditions required for the Hady (sacrifice) of Tamattu to be obligatory?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
There are five conditions necessary for the Hady of Tamattu to be obligatory. The first condition is entering the state of Ihram for Umrah specifically during the months of Hajj (Ashhur al-Hajj). If Ihram for Umrah is established outside these months, the person is not considered a Mutamatti, even if the rites of Umrah occur within the months of Hajj. Ahmad held this position, citing the hadith of Jabir, where the Prophet commanded a woman who became menstruant during her Umrah to complete the Hajj rites and make up the Umrah afterward, establishing her Umrah based on the month she first entered Ihram for it, not the month she resolved it. There is no known disagreement among scholars on one who performs Umrah outside the months of Hajj and resolves it before the months of Hajj that he is not a Mutamatti.
Supporting text
Two dissenting, rare opinions exist: one from Tawus, stating one is a Mutamatti if one performs Umrah outside the months of Hajj and remains until Hajj, and another from Al-Hasan, stating that any Umrah performed after the sacrifice (Nahr) constitutes Tamattu. Ibn al-Mundhir stated he knows of no one who held these two views.