#798 Yahya related to me from Malik, from Abdullah ibn Dinar, that
Abdullah ibn Umar used to say, "Anyone that does umra in the months of
hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the
hajj, and then stays in Makka until the time for hajj, is doing
tamattu if he then does hajj. He must sacrifice whatever animal it is
easy for him to obtain, and if he cannot find one then he must fast
three days during hajj and seven days when he returns."


Malik
said, "This is only the case if he stays until the hajj and does hajj
in that same year."


Malik said that if someone who was from
Makka but had stopped living there and gone to live elsewhere, came
back to do umra in the months of the hajj and then stayed in Makka to
begin hajj there, he was doing tamattu, and had to offer up a
sacrificial animal, or fast if he could not find one. He was not the
same as the people of Makka.


Malik was asked whether someone
who was not from Makka and entered Makka to do umra in the months of
hajj with the intention of staying on to begin his hajj there was
doing tamattu or not, and he said, "Yes, he is doing tamattu, and he
is not the same as the people of Makka, even if he has the intention
of staying there. This is because he has entered Makka, and is not one
of its people, and making a sacrifice or fasting is incumbent on
anyone who is not from Makka, and, although he intends to stay, he
does not know what possibilities might arise later. He is not one of
the people of Makka."