Muwatta Malik (Yahya)

Sayyiduna Abdullah bin Umar, may Allah be pleased with them both, used to say: Whoever performed ‘Umrah during the months of Hajj—Shawwal, Dhu al-Qa‘dah, or Dhu al-Hijjah—before Hajj, then stayed in Makkah until he reached Hajj, he has performed tamattu‘ if he performs Hajj, and a sacrificial animal (hady) is obligatory upon him as much as is possible. If he cannot find a sacrificial animal, then he should fast three days during Hajj and seven days when he returns from Hajj.

Imam Malik, may Allah have mercy on him, said that this is when a person performs Umrah and stays in Makkah until Hajj, then performs Hajj.

Imam Malik, may Allah have mercy on him, was asked: If a person from another land puts on the ihram for ‘umrah during the months of Hajj and comes to Makkah, intending to stay in Makkah so that he may also perform Hajj, is he considered a mutamatti‘? He replied: Yes, he is a mutamatti‘; he cannot be considered like the people of Makkah, even if he intends to reside in Makkah, because when he came to Makkah, he was not a resident there. Therefore, the sacrifice or fasting will be obligatory upon him. And as for the person who intended to reside in Makkah, his future situation is unknown as to what may occur, so he cannot be considered among the people of Makkah.

Imam Malik, may Allah have mercy on him, said: A person was a resident of Mecca, then he went to live somewhere else, then he came to perform Umrah during the months of Hajj and after performing Umrah he stayed there. Then he performed Hajj, so that will be considered Tamattu', and a sacrificial animal (hady) is obligatory on him. If he cannot find a hady, then he should fast, and his ruling will not be like that of the people of Mecca.