If the three days of fasting for Hajj Tamattu were missed, is it permissible to fast during the days of Tashriq (Days of Mina)?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
If the obligation is established, the pilgrim must fast the days of Mina. This is the position of Ibn Umar, Aisha, 'Urwah, 'Ubayd ibn 'Umayr, Az-Zuhri, Malik, Al-Awza'i, Ishaq, and Ash-Shafi'i in his old view. The evidence is the narration from Ibn Umar and Aisha: "No dispensation was given to fast the days of Tashriq except for one who did not find a sacrificial offering," narrated by Al-Bukhari. This refers to the dispensation granted by the Prophet (peace be upon him). Furthermore, since Allah commanded fasting the three days during the Hajj, and only these days remain of the Hajj days, the fast is necessarily assigned to them. If he fasts these days, his ruling is the same as one who fasted before the Day of Sacrifice.
Supporting text
There is another narration from Ahmad stating that the days of Mina are not to be fasted. This is narrated from Ali, Al-Hasan, and Ata, and is the position of Ibn al-Mundhir. The evidence is that the Prophet (peace be upon him) forbade fasting six days, mentioning the days of Tashriq among them, and said, "Indeed, they are days of eating and drinking." Additionally, since voluntary fasting is not permissible during them, the fast for Hady cannot be performed during them, similar to the Day of Sacrifice.