Muwatta Malik (Yahya)

Imam Malik, may Allah have mercy on him, said that if a person performs Umrah in Shawwal or Dhu al-Qi'dah or Dhu al-Hijjah, then returns to his country, and then performs Hajj in the same year, then the sacrificial animal (hady) is not obligatory upon him, because he is not a mutamatti'. Rather, the hady is obligatory upon the one who performs Umrah during the months of Hajj and stays in Makkah until Hajj, then performs Hajj.

Imam Malik, may Allah have mercy on him, said: Whoever comes from another land and settles in Mecca, then performs Umrah during the months of Hajj, and after that performs Hajj, he will not be considered a Mutamatti’, nor is there any obligation of Hady (sacrificial animal) or fasting upon him. Rather, he is like the people of Mecca, as he has chosen to reside there.

Imam Malik, may Allah have mercy on him, was asked: If a person who is a resident of Makkah travels for jihad or for some other purpose, then returns to Makkah with the intention of staying there—whether his family is there or not—and he enters into the state of ihram for ‘umrah during the months of Hajj, then after performing ‘umrah he also performs Hajj there, does it make any difference whether he entered into ihram for ‘umrah from the miqat of the Prophet, peace be upon him, or from any other miqat? Is he considered a mutamatti‘ or not? Imam Malik, may Allah have mercy on him, said: The sacrifice and fasting required of a mutamatti‘ are not obligatory upon him, because Allah, Glorified and Exalted, says in His Book: “That is for those whose families are not present at al-Masjid al-Haram.” [البقرة: 196]

It is narrated from Yahya ibn Sa'id, he heard from Sa'id ibn al-Musayyib, who said: Whoever performed 'Umrah in Shawwal or Dhu al-Qa'dah or Dhu al-Hijjah, then stayed in Mecca until he reached Hajj, then he is a Mutamatti' if he performs Hajj. He must offer a sacrificial animal if he is able, otherwise, he must fast three days during Hajj and seven when he returns.