Another example: A man sets out to perform Hajj and enters ihram for Hajj during its months. He is then told that tamattuʿ is superior, so he converts his Hajj in order to perform tamattuʿ. This is permissible; rather, it is sunnah, because he has moved from what is lesser to what is superior, and has not resorted to a stratagem to evade an obligation.

Evidence for this is that a man came to the Messenger of Allah, peace and blessings be upon him, and said: “Messenger of Allah, I vowed that, if Allah granted you the conquest of Makkah, I would pray in Bayt al-Maqdis.” He said, “Pray here”—that is, in Makkah, because Makkah is superior to Bayt al-Maqdis. The man repeated his question, and he said, “Pray here.” The man repeated it again, so he said, “Then do as you wish.” (1)

A similar case is that of a man who begins the noon prayer alone, then a congregation forms. He converts it into a voluntary prayer so that he may join the congregation. This is permissible.

Another example: A man begins the noon prayer, and when he reaches the second rakʿah, he remembers something that he can still attend to. He says, “I will convert it into a voluntary prayer so that I can rid myself of it.” This is not permissible, because it is a stratagem to evade an obligation. Once he has commenced an obligatory prayer, he must complete it. Thus, whoever moves from one act to another in order to free himself from the first because it has become binding upon him, this is invalid, for obligations are not waived through legal stratagems, just as prohibitions are not made lawful through legal stratagems.

As for one who moves from one obligation in order to complete that obligation, then this is