As for one who is not performing Hajj, he may perform an ‘Umrah on Eid al-Adha. A pilgrim performing Hajj, however, may not do so unless he has completed the first stage of release from ihram. In that case, he may perform an ‘Umrah, because his state of ihram for Hajj is then incomplete: he has become released from most of its restrictions. This is why the author of al-Furu‘, after citing Imam Ahmad’s text concerning one who has sexual intercourse after the first stage of release, stated that he must perform an ‘Umrah, or words to that effect. He then said: This indicates that if he enters ihram after his first release, it is valid.
But is this prescribed?
The answer is: It is not prescribed; rather, it should be prevented.
His statement, “and it suffices for the obligatory duty,” means that an ‘Umrah suffices for the obligatory duty whenever it is performed. Thus, the ‘Umrah of one performing tamattu‘ suffices for the obligation, as does the ‘Umrah of one performing qiran, since the one performing qiran has performed both an ‘Umrah and a Hajj. This is based on the Prophet’s statement to Aisha: “Your circumambulation of the House and of Safa and Marwah suffices for both your Hajj and your ‘Umrah.” (1) Thus, the Prophet affirmed for her both a Hajj and an ‘Umrah.
Issue: If a person performing qiran assigns his ‘Umrah on behalf of one person and his Hajj on behalf of another—the jurists, may Allah have mercy on them, said that this is permissible. For although qiran is a single act, it comprises two rites; and since they are two rites, one rite may be performed on behalf of one person and the other on behalf of another.
I am inclined to the view that this should not be done; yet if someone does so, I would not say that it is prohibited, because the Prophet regarded them as two rites.
In the case of one performing tamattu‘, however, its permissibility is clear, because each rite is separate from the other.