Is an outsider who performs Umrah outside the months of Hajj, then resides in Makkah, performs another Umrah from Al-Tan'im during the months of Hajj, and then performs Hajj in the same year, obligated to offer the sacrifice for Tamattu'?

Chapter on the Description of Hajj

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 5

Open in Qurani

Primary text

Yes, such a person is considered Mutamatti' and must offer the sacrifice (damm). The explicit statement from Ahmad regarding this scenario implies the ruling in the first case (performing Umrah during Hajj months and then Hajj) is even more mandatory.

Supporting text

Some scholars, like Al-Qadi, posit that intending to be a Mutamatti' either at the start of the Umrah or during it is a condition for the obligation of the sacrifice. However, the apparent meaning of the text and the aforementioned consensus contradict this, as the obligation is established merely by the act that secures the benefit (avoiding one journey for Hajj), akin to someone who did not explicitly state the intention.