What is the requirement for a resident of Makkah who made the Hajj intention during the sacred months but performed Umrah first?
General Chapter
Al-Mughni
Book of Hajj
Primary text
It has been narrated from Ahmad that if a resident of Makkah performs Umrah during the sacred months, he must assume Ihram for Hajj from the established Miqat; if he does not, a penalty blood sacrifice (*Dam*) is obligatory. However, the sounder view opposes this based on clear prophetic traditions. It is suggested that Ahmad might have intended that the *Mutamatti'* (one performing Hajj Tamattu') avoids the penalty only if he exits to the Miqat, which is not avoided if he assumes Ihram from Makkah.
Supporting text
The correct view is that a resident of Makkah is never subject to the penalty sacrifice for Hajj at-Tamattu' due to the verse: 'That is for him whose family is not present at the Sacred Mosque' (Quran 2:196).