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Hadith 34537
Yahya related to me from Malik that Yahya ibn Said used to hear
Said ibn al-Musayyab say, "Anyone that does umra in Shawwal,
Dhu'l-Qada or Dhu l-Hijja, and then stays in Makka until it is time
for the hajj, is doing tamattu if he then does hajj. He must sacrifice
whatever animal it is easy for him to obtain, and if he cannot find
one then he must fast three days during hajj and seven days when he
returns."
Muwatta Malik Book 20, Hadith 65
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Yahya related to me from Malik, from Abdullah ibn Dinar, that
Abdullah ibn Umar used to say, "Anyone that does umra in the months of
hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the
hajj, and then stays in Makka until the time for hajj, is doing
tamattu if he then does hajj. He must sacrifice whatever animal it is
easy for him to obtain, and if he cannot find one then he must fast
three days during hajj and seven days when he returns."
Malik
said, "This is only the case if he stays until the hajj and does hajj
in that same year."
Malik said that if someone who was from
Makka but had stopped living there and gone to live elsewhere, came
back to do umra in the months of the hajj and then stayed in Makka to
begin hajj there, he was doing tamattu, and had to offer up a
sacrificial animal, or fast if he could not find one. He was not the
same as the people of Makka.
Malik was asked whether someone
who was not from Makka and entered Makka to do umra in the months of
hajj with the intention of staying on to begin his hajj there was
doing tamattu or not, and he said, "Yes, he is doing tamattu, and he
is not the same as the people of Makka, even if he has the intention
of staying there. This is because he has entered Makka, and is not one
of its people, and making a sacrifice or fasting is incumbent on
anyone who is not from Makka, and, although he intends to stay, he
does not know what possibilities might arise later. He is not one of
the people of Makka." Muwatta Malik Book 20, Hadith 64
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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