What is the ruling if the three days of fasting for Hajj Tamattu are missed during the Hajj period?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
If the Mutaammi' (pilgrim performing Tamattu') does not fast the three days during the days of Hajj, he must fast them afterward. This is the position of Ali, Ibn Umar, Aisha, 'Urwah ibn az-Zubayr, 'Ubayd ibn 'Umayr, Al-Hasan, Ata, Az-Zuhri, Malik, Ash-Shafi'i, and the People of Opinion. The evidence supporting that missing the fast results in the obligation of the Hady remaining due is derived from the view attributed to Ibn Abbas, Sa'id ibn Jubayr, Tawus, and Mujahid, based on the verse {So whoever performs 'Umrah during the Hajj (i.e., performs Tamattu'), then he must fast three days during the Hajj and seven when you return} [Quran 2:196], and because it is a time-bound substitute, it lapses upon the exit of its time, similar to Friday prayer.
Supporting text
The counter-argument is that since it is an obligatory fast, it does not lapse upon the expiration of its time, like the fast of Ramadan. The verse indicates its obligation, not its lapse. The analogy is broken by the fast of Zihar when sexual intercourse precedes it, and Friday prayer is not a substitute; rather, it is the original obligation, and it lapses because its time is made a condition, like congregational prayer.