Q: There is a person
who performed 'Umrah (lesser pilgrimage) in the month of Dhul-Qa'dah during this year 1416 A.H., and then he and his family returned to their home
in
Al-Madinah Al-Munawwarah
after completing their 'Umrah. On 7/12/1416 A.H. he went to the Miqat (site for entering the ritual state for Hajj or 'Umrah) and performed Ihram (ritual state for Hajj or 'Umrah) from the Miqat of
the people of Madinah
intending to perform Hajj only. Upon his arrival to
Makkah,
one of his companions said to him: You are still Mutamatti' (pilgrim performing 'Umrah during the months of Hajj followed by Hajj in the same year with a break in between) by your previous 'Umrah and you need to take the Ihram (clothing worn during the ritual state for Hajj and 'Umrah) off and then wear it on the Day of Tarwiyah (8th of Dhul-Hijjah) as a Mutamatti'.
He removed his Ihram, cut his nails and did not make Tawaf (circumambulation of the Ka'bah) and Sa'y (going in between Safa and Marwa during Hajj and 'Umrah) relying on the Fatwa given to him by that person that he was still Mutamatti'. On the Day of Tarwiyah he put on the Ihram, made Talbiyah (devotional expressions chanted at certain times during Hajj and `Umrah) for Hajj, got the Hady (sacrificial animal offered by pilgrims), performed the Tawaf and Sa'y on the day of 'Eid-ul-Adha (the Festival of the Sacrifice) for Hajj and then completed the rest of the rituals.The question is: Is the Fatwa given to the mentioned above person correct? If it is not, then what should this pilgrim and the one who gave him the Fatwa do in this situation, keeping in mind that the 'Umrah performed by the mentioned above person was performed during the months of Hajj and he did not make the intention to make Tamattu' by this 'Umrah until Hajj, but he made the intention for 'Umrah (Part No. 10; Page No. 135
A:
This pilgrim is not considered as Mutamatti', because after performing 'Umrah, he traveled back to his town and then came back to Hajj from his town. Therefore, he is considered as Mufrid, and his Tahallul (removal of the ritual state for Hajj and 'Umrah) before the Day of Tarwiyah was a mistake and the Fatwa given to him by that person was not correct; however, no expiation is required from him because of putting on the sewn clothes, covering the head and cutting the nails due to his ignorance of the ruling.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.