A few questions related to tamattu’

Question:

An afaqi went to Makkah during the hajj months. He performed
‛umrah and then proceeded to Madinah. On his return, he performed
another ‛umrah, and then tied ihram for hajj from Makkah.
1. Is his tamattu‛ correct?
2. Is dumm of tamattu‛ wajib on him?
3. Is there any dumm as a fine on him?
4. Did his tamattu‛ commence with the first ‛umrah or the second
one?
5. Is it correct for an afaqi to perform more than one ‛umrah
during the months of hajj?

6. When he left Madinah, he tied ihram for hajj only. Will his
tamattu‛ be valid?
7. Is there any dumm as a fine on him?
8. How is it for an afaqi pilgrim to leave the miqat during the
months of hajj?
9. Which of the two scenarios are better?

Questions posed by Hadrat Maulana Shabbir Ahmad Sahib, principal of
Dar al-‛Ulum Zakaruyya.
The questions have been answered by Faqih al-Ummat Hadrat Mufti
Mahmud Hasan Gangohi rahimahullah.
Answer
If a person performs ‛umrah during the hajj months and goes to
Mad3nah, and when leaving Mad3nah he ties ihram only for hajj, then
his tamattu‛ will be valid. This is according to Imam Abu Han3f
rahimahullah. Imam Muhammad rahimahullah and Imam Abu Yusuf
rahimahullah are of the view that his tamattu‛ has become invalid. Yes,
when leaving Madinah, if he ties ihram for ‛umrah and then performs
hajj, his tamattu‛ will become valid. However, Imam Abu Hanifah
rahimahullah is of the view that he should not do this. (This has been
quoted from the footnote number one of Maulana Shabbir Muhammad
in Mu‛allim al-Hujjaj, p. 218).
The above text answers all your questions explicitly or implicitly. Now
here are the answers in sequence:

1. His tamattu‛ is valid according to Imam Muhammad
rahimahullah and Imam Abu Yusuf rahimahullah.

2. According to them, dumm of tamattu‛ is wajib.

3. His first tamattu‛ became invalid on account of leaving the
miqat. This demands that a dumm ought to be wajib on him as
a fine. This is according to Imam Muhammad rahimahullah and
Imam Abu Yusuf rahimahullah. According to Imam Abu Hanifah
rahimahullah, dumm as a fine is not wajib on him. And the
fatwa is issued on his view.

4. His tamattu‛ commenced with the second ‛umrah.

5. There are differences of opinion in this regard. This issue is
discussed in Mu‛allim al-Hujjaj, p. 221. (A mutamatti‛ can
perform another ‛umrah before hajj after performing the first
‛umrah – Mu‛allim al-Hujjaj, p. 256. The differences in this

regard are quoted in footnote number one as mentioned
previously).

6. His tamattu‛ will be fulfilled according to Imm AbB Han3fah
rahimahullh.

7. Dumm as a fine is not wajib on him. This is the view of Imam
Abu Hanifah rahimahullah.

8. It is not good for him to do this.

9. The preferred scenario according to Imam Abu Hanifah
rahimahullah is that when he leaves Madinah, he must tie
ihram for hajj only.

When there are differences of opinion in acts of worship, then the
fatwa is issued on the view of Imam Abu Hanifah rahimahullah. That is
all. Allah ta‛ala knows best.

This fatwa has been published in Fatawa Mahm’diyyah, vol. 10, p. 391.

Allah ta‛ala knows best.