Muwatta Malik 767

“Someone who does umra in Shawwal, Dhul-Qada or Dhul-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 some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka 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 Makka if he is one of those who are living there.” Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka 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 (sallallahu alayhi wa sallam), may Allah bless him and grant him peace, 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.

‘ Yahya related to me from Malik, from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Salih as-Samman, from Abu Hurayrah, that the Messenger of Allah (sallallahu alayhi wa sallam), may Allah bless him and grant him peace, said, ‘Umra is an expiation for what is between it and the next umra, and the only reward for an accepted hajj is the Garden.’’’”