Can a person performing Hajj without a sacrificial offering (Hady) annul their Hajj and treat it as Umrah?
Chapter on Mentioning Hajj and Entering Makkah
Al-Mughni
Book of Hajj
Primary text
If a person has a Hady, they are not permitted to exit their state of Ihram for Hajj and treat it as Umrah, based on the report from Ibn Umar that those who brought a Hady must complete their Hajj. For those performing Ifraad or Qiran who do not have a Hady, it is recommended that after completing Tawaf and Sa'i, they annul their intention for Hajj and form the intention for an independent Umrah, clip their hair, and exit Ihram, thus becoming a Mutamatti'. This position is held by Al-Hasan, Mujahid, Dawud, and the majority of scholars, relying on numerous undisputed Hadiths from the Farewell Pilgrimage where the Prophet (PBUH) commanded those performing Ifraad or Qiran without Hady to dissolve their Hajj into Umrah.
Supporting text
Ibn Abbas held that anyone who performs Tawaf and Sa'i has exited Ihram even without forming the intention. However, this specific dissolution of Hajj into Umrah is specifically reported to have been a concession ('Rukhsa') granted only to those companions present at that time, as narrated by Ibn Maslamah from his father and by Al-Murraqqa' Al-Asadi from Abu Dharr, suggesting it is not generally applicable for future pilgrims. The argument against dissolution relies on the premise that Hajj, being one of the two major rites, cannot be annulled like Umrah.