Muwatta Malik (Yahya)

It is narrated from Muhammad bin Abdullah bin Harith that he heard from Sayyiduna Sa’d bin Abi Waqqas (may Allah be pleased with him) and Sayyiduna Dahiq bin Qais (may Allah be pleased with him) in the year when Sayyiduna Mu’awiyah bin Sufyan (may Allah be pleased with him) performed Hajj, and both of them were discussing Tamattu’. So Sayyiduna Dahiq bin Qais (may Allah be pleased with him) said that only one who is unaware of Allah’s commands will perform Tamattu’. Sayyiduna Sa’d (may Allah be pleased with him) said: You have said a bad thing, O my nephew. Sayyiduna Dahiq (may Allah be pleased with him) said that Sayyiduna Umar bin Khattab (may Allah be pleased with him) forbade Tamattu’. Sayyiduna Sa’d (may Allah be pleased with him) replied that the Messenger of Allah (peace and blessings be upon him) did it and we also did it with him.

Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) used to say: By Allah! It seems better to me to perform Umrah before Hajj and to take the sacrificial animal, than to perform Umrah after Hajj in the month of Dhu al-Hijjah.

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, 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.

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.

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.

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: 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.

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 that this is when a person performs Umrah and stays in Makkah until Hajj, then performs Hajj.

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.

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, 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.

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 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.