Ruling of performing Umrah during Hajj months

Question:

What is the Hukum if i I perform an Umrah during the months of Hajj (Ashhur-Alhajj) and I'm intending to perform Hajj in the same year.
 
Fatwa:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) is His slave and Messenger.
The Hajj months are Shawwal - Dhul Qieda and the first 10 days of Dhul Hijja. This is the explanation given by Ibn Umar of the verse: { The Hajj (pilgrimage) is (in) the well-known (lunar year) months (i.e. the 10th month, the 11th month and the first ten days of the 12th month of the Islâmic calendar, i.e. two months and ten days)…..} [Quran 2:197]
Performing Umrah during Hajj months and in the same year performing Hajj is called Tamattu and it is lawful. Allah says: { …. Then if you are in safety and whosoever performs the 'Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu' and Al-Qirân), he must slaughter a Hady such as he can afford……} [Quran 2:196]
The person who performs Umra in the months of Hajj has to slaughter a sheep as a sacrifice in Makkah. If he does not find a sheep, then he has to fast 10 days. 3 of which are from the Hajj days and the remaining 7 after he returns back home. Allah says: {And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad SAW), the Hajj and 'Umrah (i.e. the pilgrimage to Makkah) for Allâh. But if you are prevented (from completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel, etc.) such as you can afford, and do not shave your heads until the Hady reaches the place of sacrifice. And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a Fidyah (ransom) of either observing Saum (fasts) (three days) or giving Sadaqah (charity - feeding six poor persons) or offering sacrifice (one sheep). Then if you are in safety and whosoever performs the 'Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu' and Al-Qirân), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Saum (fasts) three days during the Hajj and seven days after his return (to his home), making ten days in all. This is for him whose family is not present at Al-Masjid-al-Harâm (i.e. non-resident of Makkah). And fear Allâh much and know that Allâh is Severe in punishment.} [Quran 2:196]
Scholars say it is more reliable to fast the three days before the day of Arafat and as fasting after the day of Arafat might cause some weakness to the person preventing him from multiplying Du'a.
As for fasting Tashreeq dasy (11,12,13) it is lawful.Aisha and Ibn Umar said:
'Nobody was allowed to fast on the days of Tashriq except those who could not afford the Hadi (Sacrifice).' [Al-Bukhari]
But if you return back to your country after finishing Umrah, then you intend to make Hajj during these months enter a new state of Ihram for a Hajj and this time you you no longer have to give Tamattu Hadyi (offering to Kaaba for sacrifice). The Fuqaha established that the blood of Hadyi is no longer due (the person is no longer asked to slaughter an animal, a sheep a cow, a camel). When the person moves to the Miqat from which he first intended Umrah or to a similar distance.
Allah Knows best.

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