disputed as to its obligation but agreed upon as permissible, while the other forms are neither obligatory nor unanimously accepted as permissible, then the form of Hajj whose permissibility is agreed upon is preferable. This is not contradicted by the fact that some earlier scholars forbade tamattuʿ and some rulers would have people beaten for performing it. For it has been said of the scholars who held this position that they did not regard tamattuʿ as unlawful; rather, they preferred people to perform ʿumrah outside the months of Hajj, so that the House would always be frequented by pilgrims performing Hajj and ʿumrah. If anyone supposes that the prohibition amounted to declaring it unlawful, then this position contradicts both the established Sunnah of the Prophet, may Allah bless him and grant him peace, and the Book of Allah, and is therefore to be disregarded.

As for the scholars’ disagreement over whether those performing Hajj alone or combining Hajj and ʿumrah may change their pilgrimage to tamattuʿ, some scholars said that this had been abrogated and that it had been exclusive to those who performed Hajj with the Prophet, may Allah bless him and grant him peace. Some explained that the Prophet, may Allah bless him and grant him peace, wanted to teach them that performing ʿumrah during the months of Hajj was permissible.

Others said: This is a very weak position. The Prophet, may Allah bless him and grant him peace, performed ʿumrah during the months of Hajj more than once; indeed, all his ʿumrahs took place during those months. The ʿumrah of al-Hudaybiyyah was in Dhū al-Qaʿdah, the make-up ʿumrah the following year was in Dhū al-Qaʿdah, and the ʿumrah of al-Jiʿrānah was in Dhū al-Qaʿdah. Was this not sufficient to demonstrate the permissibility of performing ʿumrah during the months of Hajj?

Moreover, it is established in the two Sahīh collections: “When they were at Dhū al-Hulayfah, he said, ‘Whoever wishes to enter ihrām for ʿumrah and Hajj may do so, and whoever wishes to enter ihrām for Hajj