Question:
If a person, upon whom Hajj was not Fardh, goes to perform Umrah in Ramadhan Mubarak and after performing Umrah in Ramadhan, in the month of Shawwaal, goes to Makkah Mukarramah and performs a second Umrah and then returns to his home land, what is the ruling of Shariah concerning such a person? Will Hajj become Fardh on him due to performing Umrah in Shawwaal? If he had already performed his Fardh Hajj before, then what is the ruling for him?
Answer: وبالله التوفيق
If a person, upon whom Hajj was not Fardh, goes to perform Umrah in Ramadhan and then after Eid, in the month of Shawwaal, he goes to Makkah Muazzamah and performs Umrah, then there are the following details concerning him:
- If he has the finances and means to reside there until the days of Hajj, then it is Fardh on him to perform Hajj.
- But if he does not have that amount of expenses, then Hajj is not Fardh on him.
- If he does have the expenses to remain until the days of Hajj, however it is difficult due to not having permission from the Government, even in this case some scholars still hold the opinion that Hajj will be Fardh. (See Ahsanul Fatawa 4/529)[i]
N.B. The person that has performed his Fardh Hajj already, then Hajj will not become Fardh on him by performing Umrah in Shawwaal. This case has no connection with the above issue.
مستفاد: والحاصل أن الزاد لا بد منه ولو لمكي كما صرح به غير واحد كصاحب الينابيع و السراج الخ, الفقير الآفاقي إذا وصل إلى ميقات فهو كالمكي. قال شارحه أي حيث لا يشترط في حقه إلا الزاد و (لا) الراحلة. (شامي 4:488-459 زكريا, زبدة المناسك 21و كما افاده في غنية الناسك بحثا 338-339)
(Hazrat Mufti Saiyyid) Muhammad Salman Mansurpuri (May Allah preserve him)
The answer is correct. (Hazrat Mufti) Shabbir Ahmed Qasmi (May Allah preserve him)
Kitabun Nawazil Vol.7 Pg.298
Also see:
[Kitabul Masail Vol.3 Pg.84]
[i] However, Mufti Salman sahib, himself, has issued a fatwa stating it is not Fardh, see here.
