the apparent meaning of his words, may Allah have mercy on him, is that no sacrificial offering is required of him, because one performing qirān is not performing tamattuʿ in the sense defined by the author when he said: “Tamattuʿ is for a person to enter ihram for ʿumrah during the months of Hajj, complete it, and then enter ihram for Hajj.” He then said: “The non-resident must offer a sacrificial animal.” This apparent meaning of the author’s words is the view held by Dawud al-Zahiri. He said: Allah says, “Whoever performs ʿumrah followed by Hajj” [al-Baqarah 2:196]. Therefore, there must be an intervening period of ease between the ʿumrah and the Hajj, for “until” denotes an endpoint, and an endpoint must have both a beginning and an end.
As for one performing qirān, there is no intervening period of ease between his ʿumrah and Hajj, since he remains in ihram until the Day of Eid. This view adopted by al-Zahiri is the apparent sense of the Quran: “Whoever performs ʿumrah followed by Hajj” [al-Baqarah 2:196]. Had it said, “Whoever performs ʿumrah together with Hajj,” we would have said that one performing qirān falls under this, for he has in fact benefited from combining ʿumrah with Hajj by dispensing with a separate journey for the ʿumrah. But since it says, “followed by Hajj,” we know that there is a separation between the ʿumrah and the Hajj.
For this reason, Ibn Mushish asked Imam Ahmad, may Allah have mercy on him: “Is the sacrificial offering obligatory for one performing qirān?”
He replied: “How can it be obligatory when they have analogized him to one performing tamattuʿ?” It is as though he, may Allah have mercy on him, was indicating that the obligation of the sacrificial offering upon one performing qirān rests solely upon analogy. If it rests upon analogy, then we must consider whether this analogy is sound or unsound.
For a sound analogy requires that the original case and the subsidiary case share the operative cause that necessitates the ruling. The operative cause requiring a sacrificial offering in tamattuʿ, where there is a separation between the ʿumrah and the Hajj, is that Allah has granted this pilgrim the opportunity to enjoy—