What is the ruling on a person who performs Umrah in the months of Hajj but does not perform Hajj in the same year?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The second condition for the obligatory Hady of Tamattu is that the pilgrim must perform Hajj in the same year that they performed the Umrah in the months of Hajj. If a person enters Ihram for Umrah during the months of Hajj but defers the Hajj until the following year, they are not considered a Mutamatti. This is the position of the Jumhur (majority), based on the verse Quran 2:196, which requires the following of the Umrah by the Hajj, implying immediacy. If a person is not considered a Mutamatti when there is a small separation (performing Hajj the next year) compared to a greater separation (performing Umrah outside the months of Hajj but performing Hajj the same year), then the former case is more strongly excluded.
Supporting text
A rare opinion from Al-Hasan suggests that whoever enters Ihram for Umrah in the months of Hajj is considered a Mutamatti, whether he performs Hajj that year or not.