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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 358Section

Translation · EN

Section: If an Afaqi leaves the assumption of Ihram from the Miqat, or enters Ihram for Umrah from a location closer than the Miqat, then completes it and enters Ihram for Hajj from Mecca in the same year, he is a Mutamatti' and must perform two blood sacrifices: one for his Tamattu' and one for entering Ihram from a location other than his Miqat. Ibn al-Mundhir and Ibn Abd al-Barr said: The scholars are in agreement that whoever enters Ihram for Umrah during the months of Hajj, completes it, is not among the residents of the Sacred Mosque, then stays in Mecca in a state of being Halal (not in Ihram), and then performs Hajj in the same year, is a Mutamatti' and a blood sacrifice is incumbent upon him. The Qadi said: If he passes the Miqat until the distance between him and Mecca is less than the distance for shortening prayers, and then enters Ihram from there, there is no blood sacrifice upon him for Tamattu'; because he is from the residents of the Sacred Mosque. This view is not sound, for residency in the Sacred Mosque is only attained through residing there and the intention to do so, and this person has not engaged in residency [nor the intention thereof. And because Allah Almighty said: "That is for those whose family is not present at the Sacred Mosque." This implies that the factor preventing the [obligation of the] blood sacrifice is living there, and this person is not a resident].

If an Afaqi enters Ihram for Umrah outside the months of Hajj, then resides in Mecca, then performs Umrah from al-Tan'im during the months of Hajj, and performs Hajj in the same year, he is a Mutamatti' and a blood sacrifice is incumbent upon him. Ahmad explicitly stated this. In his explicit statement regarding this scenario, there is a signal that a blood sacrifice is incumbent in the first scenario as a matter of stronger priority. The Qadi mentioned that one of the conditions for the obligation of the blood sacrifice is that one must intend, at the beginning of the Umrah or during it, that he is a Mutamatti'. The manifest implication of the textual report (Nass) indicates that this is not a condition; for he did not mention it. Similarly, the consensus we mentioned contradicts this claim. Also, because he has obtained comfort by the omission of one of the two journeys, a blood sacrifice becomes incumbent upon him, just like one who did not intend [it].

Section Three: Regarding the time [of the obligation of the Hady (offering) and the time] of its slaughter. As for the time of its obligation, it is reported from Ahmad that it becomes incumbent when one enters Ihram for Hajj. This is the view of Abu Hanifah and al-Shafi'i; because Allah Almighty said: "...Whoever enjoys the Umrah until the Hajj, then what is easy of the Hady."

Notes

(34) In A, B, and M: "al-mut'ah" (the Tamattu'). (35) Omitted from: B and M. (36) Omitted from: the original manuscript.

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