Muwatta
Malik

موطأ مالك

20

Hajj

كتاب الحج

 

Chapter 18: Circumstances in which Tamattu is Not Obligatory

Muwatta Malik 802

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 someone who does umra in the months of hajj, and then stays in Makkah and then does hajj. A person not from Makkah who moves to Makkah 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 Makkah if he is one of those who are living there." Malik was asked whether a man from Makkah who had gone to live in another town or had been on a journey and then returned to Makkah 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 ﷺ 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. '