If the Mutamatti' returns to his land, is his Tamattu' broken?
Question :
I heard that if the Mutamatti' returns to his land, his Tamattu' is broken. Is it permissible for him to perform Hajj as a Mufrid and is he not obligated to sacrifice an animal?
Answer:
Yes, if the Mutamatti' returns to his land, then he sets out traveling for Hajj from his land, he is a Mufrid. This is because of the break between the 'Umrah and the Hajj by his returning to his family. Hence, his starting his journey (from his land again) means that he is starting a new journey for Hajj, and therefore his Hajj is an Ifrad (Hajj only). Thus, he is not obligated to sacrifice an animal for At-Tamattu' in this case. However, if he did that in a tricky way to avoid it (the sacrifice), then it is not removed from him. This is because deception in trying to remove an obligation does not dictate its removal, just as deception in trying to do something forbidden does not dictate its allowance.
Source:
Ash-Shaykh Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 4 Page 100
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