Is the sacrifice (Hady) obligatory upon the Mutamatti' (one performing Umrah then Hajj in the same Hajj season)?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
There is a consensus among the scholars regarding the obligation of the Hady (sacrifice) upon the Mutamatti' who comes from outside the Miqat area, performs Umrah during the months of Hajj, finishes it, resides in Makkah, and then performs Hajj in the same year. If the Hady is not available, then fasting is required. This obligation is established by the statement of Allah the Exalted: {So whoever performs 'Umrah followed by Hajj in the months of Hajj} [Quran 2:196]. Ibn Umar narrated that the people performed Tamattu' with the Messenger of Allah (peace be upon him), and when the Prophet (PBUH) arrived, he instructed those who did not have a sacrificial animal to perform Tawaf around the House and between Safa and Marwah, clip their hair, assume Ihram for Hajj, and offer a sacrifice. Those without a sacrifice were to fast three days during Hajj and seven days upon returning to their families (Agreed upon). Jabir also narrated that they used to perform Tamattu' with the Messenger of Allah (PBUH), slaughtering a cow on behalf of seven people. Ibn Abbas confirmed the permissibility of Tamattu' and indicated that the Hady due is a sheep, or one-seventh of a cow, or one-seventh of a camel, or a share in a sacrifice. The obligatory sacrifice is a sheep, or one-seventh of a cow, or one-seventh of a camel. If one sacrifices a camel or a cow, they have done better. This is the position of Al-Shafi'i and the scholars of opinion (Ahl ar-Ra'y).
Supporting text
Imam Malik held that only a camel sacrifice (Badanah) suffices because the Prophet (PBUH) offered a camel when performing Tamattu'. This view contradicts the plain meaning of the verse {So whoever performs 'Umrah followed by Hajj in the months of Hajj, then [for him is] what can be obtained of the sacrificial animal} [Quran 2:196] and disregards established narrations. The Prophet's (PBUH) offering of a camel does not preclude the sufficiency of lesser offerings, just as his offering of one hundred camels for Hajj does not make that obligatory for everyone.