When does the permissible time for the three days of fasting in Hajj Tamattu begin?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The permissible time for the three days of fasting begins upon assuming the Ihram for Umrah. This is the position of Abu Hanifa. The permissible time according to Ahmad is after exiting the state of Ihram from Umrah. Malik and Ash-Shafi'i maintain that it is not permissible until after assuming the Ihram for Hajj, a view supported by Ibn Umar, Ishaq, and Ibn al-Mundhir. Their evidence is the statement of Allah: {So whoever performs 'Umrah during the Hajj (i.e., performs Tamattu'), then he must fast three days during the Hajj} [Quran 2:196]. They argue that since this is an obligatory fast, it cannot precede its obligatory time, similar to other obligatory fasts. Furthermore, if the preceding time is invalid for the substitute action (Hady), the substitute fast is also invalid, analogous to pre-Ihram for Umrah.
Supporting text
Al-Thawri and Al-Awza'i held that the fast should be performed from the beginning of the first ten days until the Day of Arafah. The supporting argument for permissibility after Umrah Ihram is that the Ihram of Umrah is one of the two types of Ihram for Tamattu', making the fast permissible after it, similar to the Ihram of Hajj. The interpretation of {So whoever performs 'Umrah during the Hajj} [Quran 2:196] is argued to mean during the months of Hajj, requiring an implied context, as Hajj itself consists of actions not suitable for fasting, only the specified times or months. The justification for preceding the obligatory time is that when the cause exists, precedence is permissible, like offering expiation before committing the oath violation or before a soul departs. A narration exists permitting precedence of the Hady over Hajj Ihram, suggesting parity with the fast.