Question:
I am living in Makkah and I want to make 'Umrah in Shawwaal and Hajj without making Qurban. Please advice me.
Fatwa:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger, may Allah exalt his mention as well as that of his family and all his companions.
Al-Qurtubi and Ibn Qudaamah stated that there is a consensus among the scholars that a resident of Makkah who wears his Ihraam to perform 'Umrah during the months of Hajj (Shawwaal: Dhul-Qidah and Dhul-Hijjah) and performs Hajj during the same year, is not obliged to offer a sacrifice. Al-Qurtubi said: 'The scholars agreed in a consensus that a resident of Makkah who comes from the Meeqaat wearing the Ihraam with the intention of performing 'Umrah, and then intends to perform Hajj while in Makkah, and his family live in Makkah, and did not reside elsewhere, he is not obliged to offer a sacrifice. The same thing applies to him if he resided elsewhere and resided in Makkah as well.'
Ibn Qudaamah said: 'There is no difference of opinion among the scholars that a resident of Makkah who wants to perform Hajj Tamatu' is not obliged to offer a sacrifice as Allah says in His Book (what means): {… This is for those whose family is not in the area of al-Masjid al-Haraam.} [Quran 2:196].'
Therefore, you are permitted to perform 'Umrah during the months of Hajj and then perform Hajj during the same year but you are not obliged to offer a sacrifice by doing so since you are a resident of Makkah.
Finally, it should be noted that the residents of Makkah who wish to perform 'Umrah are obliged to wear their Ihraam from outside the boundaries of Al-Haram area surrounding Makkah [the sacred precincts of Makkah lies between At-Tan'eem-north, Adhaah-south, Al-J'iraanah-east and Ash-Shumaysi-west].
As regards Hajj, they should wear the Ihraam from their residence [from where he intends to perform Hajj. The Prophet said: "Those who live within the Meeqaat, then they should wear the Ihraam from their residence, and the people of Makkah, should do so from Makkah [their usual residence]."
Allah knows best.
Fatwa answered by:The Fatwa Center at Islamweb