then was in a state of pilgrimage consecration the next morning. There is no disagreement that intercourse is permissible even an instant before entering pilgrimage consecration.”

Section

Those who prohibit converting Hajj into ‘umrah have advanced two further arguments, which we shall set out and demonstrate to be unsound.

The first argument: They say that, since the Companions and those who came after them differed over whether this conversion is permissible, caution requires prohibiting it, thereby safeguarding the act of worship against what many scholars—indeed, most of them—consider impermissible within it.

The second argument: The Prophet, peace and blessings be upon him, instructed them to make this conversion to demonstrate that ‘umrah is permissible during the months of Hajj. For the people of the pre-Islamic era (1) disliked performing ‘umrah during the months of Hajj and would say:

“When the sores have healed, the traces have faded, and Safar has passed, ‘umrah becomes lawful for whoever wishes to perform it.”

The Prophet, peace and blessings be upon him, therefore instructed them to make this conversion (2) to demonstrate that ‘umrah is permissible during the months of Hajj.

Both arguments are invalid.

As for the first, caution is prescribed only when the sunnah has not become clear. Once it has become clear, caution consists in following it and abandoning whatever conflicts with it. If abandoning it because of disagreement is deemed cautious, then abandoning whatever conflicts with it and following it is far more cautious still. Thus, caution is of two kinds: caution intended to avoid contravening the opinions (3) of scholars, and caution intended to avoid contravening the sunnah. The superiority of one over the other is plain.