Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or
Dhu'l-Hijja and then goes back to his people, and then returns and
does hajj in that same year does not have to sacrifice an animal.
Sacrificing an animal is only incumbent on some one who does umra in
the months of hajj, and then stays in Makka and then does hajj. A
person not from Makka who moves to Makka and establishes his home
there and does umra in the months of the hajj and then begins his hajj
there is not doing tamattu. He does not have to sacrifice an animal
nor does he have to fast. He is in the same position as the people of
Makka if he is one of those who are living there."
Malik was
asked whether a man from Makka who had gone to live in another town or
had been on a journey and then returned to Makka with the intention of
staying there, regardless of whether he had a family there or not, and
entered it to do umra in the months of the hajj, and then began his
hajj there, beginning his umra at the miqat of the Prophet, may Allah
bless him and grant him peace, or at a place nearer than that, was
doing tamattu or not?
Malik answered, "He does not have to
sacrifice an animal or fast as someone who is doing tamattu has to do.
This is because Allah, the Blessed and Exalted, says in His Book,
'That is for someone whose family are not present at Masjid al-Haram.
'
Muwatta Malik Book 20, Hadith 66