A person going for Hajj performed Umrah.

Answer

There is a sharp difference of opinion on this issues. According to Imaam Abu Yusuf and Imaam Muhammad (rahmatullah alayhima) when a person after performing Umrah during the Hajj months leaves for Madinah Munawwarah, the Umrah which he has performed is not the Umrah of Tamattu', although according to Imaam Abu Hanifah (rahmatullah alayh) it will be the Umrah of Tamattu'.

If this person who had gone to Madinah after the Umrah, wishes to perform Tamattu', then he will have to perform Umrah again. This is the view of Imaam Abu Yusuf and Imaam

Muhammad (rahmatullah alayh), and this is the official or the Mufta Bihi version according to Hadhrat Maulana Zafar Ahmad Thaanvi (rahmatullah alayh).

However, there is ikhtilaaf (difference of opinion) of our Akaabireen (Senior Ulama) on this mas'alah. In Imdaadul Ahkaam, Vol.2, pages 181/182, Maulana Zafar Ahmad gives the Fatwa on the version of Saahibain, while Mufti Mahmoodul Hasan in Fataawa Mahmoodiyyah, Vol. 13, page 169, gives the Fatwa on the version of Imaam Abu Hanifah (rahmatullah alayh) although his (i.e. Mufti Mahmood's – rahmatullah alayh) answer is ambiguous. While he tells the questionnaire that the Tamattu is valid according to Saahibain, he also entertains the view of Imaam Abu Hanifah.

We are of the view that the ihtiyaat (precaution) is in the version of Saahibain. The person when returning from Madinah should perform Umrah. By performing Umrah, he will save himself from a possible serious violation. If he adopts the view of Saahibain and does not perform Umrah again, but performs Ifraad (only Hajj), then he will be in violation of Imaam Abu Hanifah's ruling. While he will be a Mufrid (one who performs only Hajj) according to Saahibain, he will be a Mutamatti' (one who performs Hajj and Umrah) according to Imaam Abu Hanifah. Thus, Damm Tamattu' is Waajib according to Imaam Abu Hanifah, while there is no Dumm according to Saahibain because this person is a Mufrid. To be saved from this situation it is best to perform Umrah again so that he will be a Mutammati' according to both views.

Hence, if he does perform Umrah, he will conform to Saahibain's view, and although he acts in conflict with Imaam Abu Hanifah's view, nevertheless, the Tamattu' will be valid according to both views.