When does the obligation of offering the Hady (sacrificial animal) for Tamattu' become binding?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The obligation of the Hady for Tamattu' becomes binding when the pilgrim assumes the Ihram for Hajj. This is the view held by Ahmad, Abu Hanifa, and Al-Shafi'i. The evidence cited is the Quranic injunction: "But whoever performs Umrah followed by Hajj, then [must offer] whatever Hady is easy for him" (Quran 2:196), as the condition (Umrah followed by Hajj) has been met. Furthermore, when a condition is set to terminate at a certain point, the fulfillment of its beginning suffices, similar to the verse: "then complete the fast until [the night]" (Quran 2:187). Additionally, if a pilgrim performing Tamattu' enters the state of Ihram for Hajj from outside the designated Miqat, the sacrifice becomes obligatory upon him, just as it would upon stopping at Arafat or exiting the Ihram of Umrah.
Supporting text
An alternative opinion held by Ahmad states that the obligation arises when the pilgrim stands at Arafat. This view is supported by Malik and chosen by Al-Qadi, based on the principle that the completion of Tamattu' in Hajj only occurs after performing the standing at Arafat, supported by the Hadith stating, "Hajj is Arafat." Before this point, the Hajj might be missed, preventing the completion of Tamattu'. Furthermore, if a pilgrim enters Ihram for Hajj but is subsequently restricted (Hasr) or misses Hajj, the Tamattu' sacrifice would not be due, and he would not be considered a Mutamatti', which would not occur if the sacrifice were already obligatory.