Is it fard to go to Hajj for one who goes to Umrah?

Details of the Question
Is it fard to go to Hajj for one who goes to Umrah?
The Answer

Dear Brother / Sister,

If someone for whom Hajj is fard goes to Makkah or does Umrah, his obligation to go to Hajj is not removed because Umrah is Sunnah; it cannot replace the fard Hajj. Besides, Umrah does not include all conditions and rules of the fard Hajj. According to the view “Hajj is immediately applicable”, even if that person arrives in his/her country, he/she must go to Hajj in the first year. Without paying back his or her debt for prayers, they must not be considered free of the obligation to go to Hajj.
However, if someone who is in Makkah for any reason sees the Kaaba and if it is the season for Hajj, he or she must fulfill Hajj. The months of the Hajj are the first ten days of Shawwal, Dhul Qadah, and Dhul Hijjah. If the time when he or she is in Makkah is not the season for Hajj but if he/she can stay there, according to some Hanafi scholars, he/she must perform Hajj by staying there until the season comes. According to some scholars who consider the difficulty of staying there for a long time and that it can be hard for a person, it is not compulsory to stay in Makkah under such conditions.
Today it is not possible to stay and waiting for the season of Hajj, because the government of Saudi Arabia does not give residence permit to people for a long time except people who work there and the officials.
In that case, Hajj is not fard for a poor man who goes there on duty before the season of Hajj, performs Umrah and sees the Kaaba because he/she has an anxiety to be imprisoned and to be expelled. Moreover s/he is not rich, it means Hajj is not fard for her or him.
Mehmed Paksu

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