When does the permissible time for the seven days of fasting in Hajj Tamattu begin?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The permissible time begins immediately after the days of Tashriq are completed. Al-Athram reported that Ahmad, when asked if one could fast while traveling or in Makkah, replied, "However he wills." This is the view of Abu Hanifa and Malik. Ata and Mujahid held that it should be observed while traveling, which is also the position of Ishaq. The supporting evidence is that every obligatory fast that is permissible to perform in one's homeland is permissible before that time, similar to other obligatory duties. The Quranic verse permitting the postponement of the obligatory fast does not prevent its validity if performed earlier, like postponing the fast of Ramadan for travel or illness, based on the verse {then an equal number of other days} [Quran 2:184]. Furthermore, the fast, having been performed by its owner after its cause occurred, suffices, like the fast of the traveler or the sick person.
Supporting text
Ibn al-Mundhir held that the seven days must be observed upon returning to one's family, based on the hadith. This is also narrated from Ibn Umar and is the position of Ash-Shafi'i. Another view attributed to Ash-Shafi'i aligns with our position and that of Ishaq.