...what is easy of the Hady}. He has already fulfilled this. Furthermore, what is set as an endpoint, the existence of its beginning is sufficient, like His saying, the Almighty: "Then complete the fast until the night." Additionally, he is a Mutamatti' who entered Ihram for Hajj from a location other than the Miqat, so the blood sacrifice is incumbent upon him, just as if he had performed the standing [at Arafat] or completed the de-consecration. There is another report from him that the blood sacrifice becomes incumbent when he stands at Arafat. This is the view of Malik and the choice of the Qadi; because the Tamattu' (enjoyment) of the Umrah until the Hajj is only attained after the Hajj occurs from him, and that is not achieved except by the standing, for the Prophet (peace and blessings of Allah be upon him) said: "The Hajj is Arafat." Also, because before that, the passing of the time (fawat) may occur, thus the Tamattu' would not be attained. Moreover, if he had entered Ihram for Hajj, then was prevented (ihsar), or missed the Hajj, the blood sacrifice of Tamattu' would not be incumbent upon him, nor would he be considered a Mutamatti', and if the blood sacrifice were mandatory, it would not have been dropped. Ata' said: It becomes incumbent when he pebbles the Jamrah. A similar view is held by Abu al-Khattab, who said: It becomes incumbent when the dawn breaks on the Day of Sacrifice (Yawm al-Nahr); for that is the time of its slaughter, so it is the time of its obligation. As for the time of discharging it, it is the Day of Sacrifice. This is also the view of Malik and Abu Hanifah; because what is before the Day of Sacrifice is not a time when it is permissible to slaughter the Udhiyah (sacrifice), so it is not permissible to slaughter the Hady of [Tamattu', as it is before] the de-consecration from the Umrah. Abu Talib said: I heard Ahmad say regarding a man who enters Mecca in Shawwal while carrying a Hady: He should sacrifice it in Mecca; if he arrives before the (first) ten days, he should sacrifice it, lest it be lost, die, or be stolen. Likewise, Ata' said. If he arrives within the ten days, he should not sacrifice it until he sacrifices it in Mina; for the Prophet (peace and blessings of Allah be upon him) and his companions arrived during the ten days, and they did not sacrifice [until they sacrificed] in Mina. Whoever arrives before that should sacrifice it.
(37) Surah al-Baqarah: 187. (38) Omitted from: B and M. (39) In B and M: "fi" (in). (40) Its sourcing was provided previously on page 268. (41) In the copies: "bi-ard" (exposed to/subject to). (42) In the original manuscript: "lazimahu" (it became incumbent upon him). (43) In A, B, and M: "al-mutamatti' kamathal" (the Mutamatti' as like). (44) Omitted from: the original manuscript.