Bismillah.
Volume 2, Book 26, Number 783:
Narrated Ibn 'Umar (radiallaahu `anhu):
Hafsa (radiallaahu `anhaa) said, "O Allah's Apostle (sallallaahu `alayhi wasallam)! What is wrong with the people; they finished their Ihram after performing 'Umra, but you have not finished it after your 'Umra?" He replied, "I matted my hair and have garlanded my Hadi. So, I cannot finish my Ihram till I slaughter (my Hadi)."
Prophet (sallallaahu `alayhi wasallam) did not change his intention and continued with Qiraan, but he commanded others who had not brought the hadiy with them to change their intention to Tamattu`.
Question: can we change intention during Hajj or on our way to Hajj? A very simple answer is yes, and no. For details, read on.
Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz answered a question concerning the ruling on one who intends to do Hajj as Tamattu’ then after passing the Meeqaat he changes his mind and starts to recite Talbiyah with the intention of doing Hajj al-Ifraad – does he have to offer the sacrifice?
He said:
It depends. If his intention before reaching the Meeqaat had been to do Tamattu’, then after reaching the Meeqaat he changed his intention and entered ihraam for Hajj only [Ifraad], there is nothing wrong with that and he does not have to offer the fidyah (penalty). But if he had recited the Talbiyah with the intention of doing ‘Umrah and Hajj together from the Meeqaat or from before the Meeqaat, then he wanted to make it Hajj only, he cannot do that, but there is nothing to stop him making it ‘Umrah, but he cannot make it Hajj. Qiraan cannot be changed to Hajj (ifraad) but it can be changed to ‘Umrah because that is easier for the believer and because that is what the Prophet (peace and blessings of Allaah be upon him) commanded. So if a person enters the state of ihraam with the intention of doing ‘Umrah and Hajj together (Qiraan) from the Meeqaat, then he decides to make it Hajj only, he cannot do that but he can change it to ‘Umrah only, which is better for him. So he can do Tawaaf and Sa’ee, then cut his hair and exit the state of ihraam, then he can enter ihraam for Hajj, and thus he will be doing Tamattu’.
If the pilgrim who is doing tamattu’ is not able to do ‘umrah before Hajj, then he should change his intention from tamattu’ to qiraan, and intend to do Hajj and ‘umrah together.
This is what happened to ‘Aa’ishah (may Allah be pleased with her). She was doing tamattu’, then her menses came and she was not able to do ‘umrah before Hajj, so she joined Hajj with ‘Umrah and it became qiraan. This was narrated by al-Bukhaari and Muslim.
It is not permissible for the pilgrim who is doing tamattu’ to change his intention to ifraad, because when he intended to do ‘umrah, it became binding upon him to complete it, because Allah, may He be exalted, says (interpretation of the meaning): “And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad صلى الله عليه وسلم), the Hajj and ‘Umrah (i.e. the pilgrimage to Makkah) for Allaah” [al-Baqarah 2:196].
The meaning of ifraad is that the pilgrim will not do ‘umrah; rather he will do Hajj only. Based on that, your changing your intention to ifraad is not valid. Thus your Hajj became qiraan and you have to offer the hadiy.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about a group of young men who were afraid that they would not be able to do ‘umrah before Hajj, so they changed their intention to ifraad. He replied:
If the intention was changed before entering ihram, then there is nothing wrong with that. But if it was after entering ihram, then their Hajj became qiraan and not ifraad. What is meant by it being qiraan is that they joined Hajj with ‘umrah, because qiraan takes two forms:
1. When the pilgrim enters ihram for Hajj and ‘umrah together when he first enters ihram
2. When he enters ihram for ‘umrah first, then joins Hajj to it before starting tawaaf.
Based on that, so long as you entered ihram for ‘umrah first, then you decided to make it Hajj, you were doing qiraan. If you slaughtered a hadiy on Eid al-Adha during your Hajj in that year, then you have done what was required of you and have completed your Hajj and ‘Umrah. If you did not slaughter a hadiy, then you have to do so now, and eat some of it and give the rest in charity. If any of you cannot find a hadiy – i.e., cannot afford to buy one – then he must fast for ten days now. End quote.
Taken from: http://ilookilisten.wordpress.com/2013/04/15/changing-intention-during-hajj-hadith-no-1483/
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سیرتِ النبی قسط نمبر 43
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