A person making Ihram for Hajj, changing it to `Umrah, and returning to his country without performing Hajj
(Part No. 10; Page No. 127)
All praise be to Allah Alone. May Peace and Blessings of Allah be upon Muhammad, the Last of the Prophets. To proceed: The Permanent Committee for Scholarly Research and Ifta' has reviewed what was presented to his Excellence, the Grand Mufty, from Shaykh Saleh Al-Atram, the Fatwa (legal opinion issued by a qualified Muslim scholar) which was referred to the Permanent Committee through the Secretariat General of the Council of Senior Scholars, numbered: 5473, dated: 27/12/1414. His Eminence asked about the one
who made Ihram (ceremonial state for Hajj or `Umrah) of Hajj (pilgrimage), then changed it to `Umrah (lesser pilgrimage) and then returned to his country without performing Hajj.
After studying the Fatwa, the Committee answered saying that whoever makes Ihram for Hajj as Mufrid (pilgrim performing Hajj only) or as Qarin (pilgrim combining Hajj and `Umrah without a break in between), and then changes the intention of Ifrad Hajj (performing Hajj only) or that of Qiran Hajj (combining Hajj and `Umrah without a break in between) to make Tamattu` Hajj (`Umrah during the months of Hajj followed by Hajj in the same year with a break in between), then it is not allowed for him to leave Hajj. He has to perform Hajj during that year, because by making Ihram for Ifrad Hajj or for Qiran Hajj one has obligated himself to complete the performance of Hajj. Allah (Glorified and Exalted be He) says:
And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad صلى الله عليه وسلم), the Hajj and ‘Umrah (i.e. the pilgrimage to Makkah) for Allâh.
It is noted that permitting him to change his mind from Hajj to `Umrah does not absolve him from the obligation to perform Hajj, but it is just for the sake of facilitation and easiness and to perform the complete rituals of `Umrah and Hajj. If one did not manage to perform Hajj during that year, then one has to perform it the following year and repent to Allah, if the delay of its performance was not due to a legal excuse. (Part No. 10; Page No. 128) It was reported from
the Shaykh of Islam Ibn Taymiyyah (may Allah be merciful to him) in his book titled "Majmu'ul-Fatawa", part 26, page 58, that he said: "If he, namely, the one who has made Ihram for Hajj as Mufrid wants to change Hajj into `Umrah only, then this is, unquestionably, not allowed because changing to 'Umrah is only allowed for the one whose intention is to perform Hajj after `Umrah" End of quote.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.