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Malik's Muwatta

by Imam Malik, translation by A'isha `Abdarahman at-Tarjumana and Ya`qub Johnson , Volume: Hajj
Chapter: Hajj At-Tamattu
61.
Yahya related to me from Malik, from Ibn Shihab, that Muhammad ibn Abdullah ibn al-Harith ibn Nawfal ibn Abd al-Muttalib told him that he had heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussing tamattu in between umra and hajj. Ad-Dahhak ibn Qays said, "Only someone who is ignorant of what Allah, the Exalted and Glorified, says would do that." Whereupon Sad said, "How wrong is what you have just said, son of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattab forbade that," and Sad said, "The Messenger of Allah, may Allah bless him and grant him peace, did it, and we did it with him."
62.
Yahya related to me from Malik, from Sadaqa ibn Yasar, that Abdullah ibn Umar said, "By Allah, I would rather do umra before hajj and sacrifice an animal than do umra after hajj in the month of Dhu'l-Hijja."
63.
Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

64.
Yahya related to me from Malik that Yahya ibn Said used to hear Said ibn al-Musayyab say, "Anyone that does umra in Shawwal, Dhu'l-Qada or Dhu l-Hijja, and then stays in Makka until it is time for the hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."
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List of chapters
The Ghusl to Enter Ihram
The Ghusl of Someone in Ihram
Clothes Forbidden to be Worn in Ihram
Wearing Clothes when in Ihram
Veiling the Face while in Ihram
Where People Should Enter Ihram
How to Enter Ihram
Raising the Voice in Talbiyya
Doing Hajj on its Own
Doing Hajj and Umra Together (Hajj al-Qiran)
When to Stop the Talbiya
How the People of Makka, and Those Besides Them Living There, Go into Ihram
Situations when Ihram Not Obligatory for Garlanding Sacrificial Animals
What a Menstruating Woman Does on Hajj
Umra in the Months of Hajj
When to Stop Saying the Talbiya for Umra
Hajj At-Tamattu
Circumstances in which Tamattu is Not Obligatory
About Umra in General
Marriage in Ihram
Cupping in Ihram
Game that can be Eaten by Someone who is in Ihram
Game that is Not Halal to Eat in Ihram
Hunting in the Haram
Assessing the Forfeit for Hunting Game Animals that Someone in Ihram can Kill
Animals that Someone in Ihram can Kill
Things that Someone in Ihram is Allowed to do
Doing the Hajj for Somebody Else
Concerning Someone whose Path (to the House) is Blocked by an Enemy
Concerning Someone who is Hindered (From Going To The House) by Something Other than an Enemy
Concerning Building the Kaba
Hastening (Raml) in the Tawaf
Saluting the Corners during Tawaf
Kissing the Corner of the Black Stone when Saluting the Corners
The Two Rakas of Tawaf
Praying after Subh and Asr when doing Tawaf
Taking Leave of the House
Tawaf in General
Starting with Safa in the Say
Say in General
Fasting the Day of Arafa
Fasting on the Days of Mina
What are Acceptable as Sacrificial Animals (Hadys)
What to Do with Sacrificial Animals (Hadys) while They are being Driven
What to Do with Sacrificial Animals (Hadys) if They get Injured or Stray
The Animal (Hady) to be Sacriticed for Intercourse in Ihram
The Animal (Hady) to be Sacrificed for Missing the Hajj
Intercourse with One's Wife Before Doing the Tawaf al-Ifada
The Sacrificial Animals that are Considered Least Difficult
Sacrificial Animals in General
The Wuquf at Arata and Muzdalifa
Wuquf while Not in Wudu, and Wuquf on a Riding Beast
The Wuquf at Arafa of Someone who Misses the Hajj
Sending Women and Children Ahead
Going from Arafa to Muzdalifa
Sacrificing during the Hajj
How to Make the Sacrifice
Shaving the Head
Cutting the Hair
Matting the Hair
Doing the Prayer in the House, Shortening the Prayer, and Hastening the Khutba at Arafa
Doing the Prayer at Muzdalifa
Doing the Prayer at Mina
The Prayer of the Visitor of Makka or Mina
Saying the Takbir During the Days of Tashriq
Doing the Prayer at al-Muarras and al-Muhassab
Staying Overnight at Makka on the Nights of Mina
Stoning the Jamras
Indulgence with Respect to Stoning the Jamras
A Menstruating Woman's Entering Makka
The Tawaf al-Ifada of a Menstruating Woman
The Compensation (Fidya) for Killing Birds and Wild Animals in Ihram
The Fidya for Killing Locusts in Ihram
What to Do for Forgetfulness in the Rituals
Compensation (Fidya) in General
The Hajj in General
The Hajj of a Woman without a Mahram
Fasting in at-Tamattu