What is the ruling for an outsider (afaqi) who enters Ihram for Umrah before the designated Miqat, or bypasses the Miqat entirely, then completes the Umrah, remains lawful (halal) in Makkah, and subsequently performs Hajj in the same year?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
Such an individual is considered Mutamatti' (one performing Tamattu') and is obligated to offer two sacrifices (daman): the sacrifice for Tamattu' and a sacrifice for entering Ihram from a location short of his designated Miqat. The consensus of the scholars, including Ibn al-Mundhir and Ibn Abd al-Barr, confirms that anyone outside the Haram area who performs Umrah during the months of Hajj, completes it, remains lawful in Makkah, and then performs Hajj in the same year, is a Mutamatti' obliged to offer the sacrifice.
Supporting text
If the traveler bypasses the Miqat but ends up between the Miqat and Makkah at a distance less than the distance of a shortened prayer (qasr), and enters Ihram from there, some opinions suggest no sacrifice is due for Tamattu' because he is considered among the residents of the Sacred Mosque area (Hadhir al-Masjid al-Haram). This view is weak because residency in the Sacred Mosque area requires actual dwelling there with the intention of residing, which this person did not achieve. Furthermore, the verse states that the exemption applies to those whose families reside in the Haram (Quran 2:196), implying that residency is the preventing factor, which is absent here.