The 'Umrah of his Hajj Tamattu’ was invalid
28-6-2011 | IslamWeb
Question:
I was willing to perform Hajj -e -Tamattu. I have performed Umra on arrival to Holy Mecca. Thereafter I went To Holy Madina and on returning I performed another Umra (of course before Hajj) . Thereafter after some days I performed hajj. Now, in case my second Umra becomes void or nullifies. Then , is my Hajj- e- Tamattu valid keeping in view that first Umra is correct. Is not there any harm on donning Ihram of hajj from Holy Mecca or living normal life in Holy Mecca before hajj without second Umra being correct. Also tell me What is the ruling in case some one while living in Mecca had known that his Umra (may be first or second or any other Umra) became void. Then should he repeat it? In case of repeat , what should be place of donning Ihram ?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, you should know that the state of Ihraam is not invalidated except by apostasy – we seek refuge in Allaah from it. The Fiqh Encyclopedia reads: “What renders the state of Ihraam Baatil (null) is apostasy, so if a person apostates, his rituals become void and he does not continue it, as regards what renders the ritual Faasid (incorrect), then it is sexual intercourse, and one should continue his ritual…”
However, you did not clarify to us the act which you think it has rendered your ‘Umrah Baatil or Faasid so that we will know the matter and tell you what you should do. In any case, in general, we say that if by your ‘Umrah being Baatil or Faasid, you mean having sexual intercourse, then the jurists 
stated that if a person who performs Hajj Tamattu’ invalidates his ‘Umrah by having sexual intercourse, he is obligated to continue it, then he should assume the state of Ihraam again for another ‘Umrah from the boundaries of Al-Haram before Hajj.
Al-Mardaawi 
from the Hanbali school of jurisprudence said: “If a person who performs Hajj Tamattu’ invalidated his ‘Umrah and then he continued it and completed it, then Imaam Ahmad said: “He has to go to the Meeqaat and assume from there the state of Ihraam for an ‘Umrah, but if he fears that he will miss the (the rituals of) Hajj, then he should assume the state of Ihraam for Hajj from Makkah and he is obligated to slaughter a sacrifice. When he finishes his Hajj, he should assume the state of Ihraam from the Meeqaat for an ‘Umrah in place of the one which he invalidated, and he has to slaughter a sacrifice for invalidating his ‘Umrah; this is the correct opinion in our school, and the author (of Al-Muqni', i.e. Ibn Qudaamah) and others authoritatively asserted it, and it is considered as the preponderant opinion in Al-Furoo’ (by Ibn Muflih)."
In case he starts the rituals of Hajj with the ‘Umrah which he invalidated by having sexual intercourse, then in this case, he is considered as performing Hajj Qiraan. Shaykh Ibn ‘Uthaymeen said about a person who performs Hajj Tamattu’ while having performed a deficient Tawaaf and then he had sexual intercourse: “This person is considered as performing Hajj Qiraan, because he combined Hajj with ‘Umrah before ending his ‘Umrah; rather, before even performing the Tawaaf of his ‘Umrah because the first Tawaaf is void and combining Hajj with ‘Umrah before the Tawaaf of ‘Umrah makes the ritual as Hajj Qiraan….”
However, if by the invalidation of the ritual (of ‘Umrah) you mean that it became clear to you that you did not complete your ‘Umrah, or that there is a deficiency in your first ‘Umrah, like if you did not complete the number of rounds of Tawaaf or Sa’y, or that you performed Tawaaf without being in a state of purity, then you should know that this does not render your ‘Umrah Baatil or Faasid, rather you remain in your state of Ihraam. So, if you completed your rituals of ‘Umrah before Hajj, then you are considered as performing Hajj Tamattu’, but if Hajj begins, then you would be considered as combining ‘Umrah with Hajj and, in this case, you are considered as performing Hajj Qiraan.
Ibn Qudaamah said about a person who performs Hajj Tamattu’ and he had presumably performed the Tawaaf of ‘Umrah without being in a state of purity [without Wudu]: “He performed the Tawaaf or ‘Umrah while his ablution was invalidated, so his Tawaaf is not valid, and he did not come out of the state of Ihraam for ‘Umrah, so he has to slaughter a sheep for shaving his hair (before completing the rituals of ‘Umrah) and he would be considered as combining Hajj with ‘Umrah, in which case, he is considered as performing Hajj Qiraan and it is sufficient for him to perform Tawaaf for Hajj for both the rituals of Hajj and ‘Umrah.”
Finally, you should know that performing Hajj Tamattu’ is that a person performs ‘Umrah during the months of Hajj [i.e. Sawwaal, Thul-Qi’dah and the first ten days of Thul-Hijjah] and then performs Hajj in the same year. Based on this, you should know that if one of your two ‘Umrahs was complete and valid and you performed it during the months of Hajj, then you are considered as performing Hajj Tamattu’ if you had performed Hajj in the same year.
However, if we presume that your ‘Umrah was Baatil (void) by apostasy, then if you want to assume the state of Ihraam again, you should assume the state of Ihraam from At-Tan’eem [also known as the mosque of ‘Aa’ishah], or at any other place outside the boundaries of the Haram [of Makkah].
Allaah Knows best.