Q: A Makki (resident of Makkah Mukarramah) performed umrah in the months of hajj,
1. Is he allowed to make hajj in that same year without leaving Makkah Mukarramah?
2. Is there any situation where he will be allowed to make the hajj without any penalty becoming obligatory on him?
3. Generally, what type of hajj is a Makki allowed to make?
A: As a prelude to the issue in question, it should be borne in mind that according to the Fuqahaa, a Makki (resident of Makkah) is only permitted to perform Ifraad Hajj.
He is not permitted to perform Tamattu and Qiraan Hajj. Performing Tamattu and Qiraan Hajj is only permitted for those who are not residing in Makkah Mukarramah.
Hence, if a Makki wishes to perform hajj in any year, he should refrain from performing umrah during the months of hajj in that year so that his hajj does not become a Tamattu Hajj.
Accordingly, if a Makki performs umrah during the months of hajj, he should not perform hajj in the same year. If he performs hajj in the same year, he will be sinful though his hajj will be valid. His hajj will take place as an Ifraad Hajj and not a Tamattu Hajj. Hence, he will have to discharge a damm to atone for the violation and the Damm-e-Shukr will not be compulsory upon him.
After understanding this brief prelude to the issue in question, we now provide the answers to your questions.
1. Since he performed umrah, he is not allowed to perform hajj in the same year.
2. If a Makki wishes to perform hajj in the same year he has performed umrah, he should leave Makkah Mukarramah and come out of the meeqaat. Through coming out of the meeqaat, he will no longer be considered a Makki in terms of the law. Rather, he will be considered as a non-Makki in terms of the law. In this manner, it will be permissible for him to perform Ifraad and Qiraan Hajj.
However, in this case also, it will not be permissible for him to perform Tamattu Hajj. The reason is that through him performing umrah separately and thereafter residing in his hometown of Makkah Mukarramah before the days of hajj, he will be considered a Makki and the law of a Makki will apply to him. Hence, it will not be permissible for him to perform hajj in the same year.
It should be noted that there is some difference of opinion among the Fuqahaa in regard to this mas’alah.
According to some Fuqahaa, a Makki who has performed umrah in the months of hajj is not permitted to perform hajj in the same year in any situation i.e. whether he leaves Makkah Mukarramah and travels to another place and then returns to Makkah Mukarramah, or whether he continues to reside in Makkah Mukarramah till the days of hajj and then performs hajj.
According to other Fuqahaa, it will be permissible for a Makki to perform hajj in the same year if he leaves Makkah Mukarramah and travels to another place and then returns to Makkah Mukarramah to perform hajj.
3. A Makki who has not performed umrah in the months of hajj is only allowed to perform Ifraad Hajj. He is not allowed to perform Tamattu and Qiraan Hajj.
And Allah Ta'ala (الله تعالى) knows best.
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