“This is for him whose family is not present at Al-Masjid Al-Haraam”
[al-Baqarah 2:196].
Who are those who are present at al-Masjid al-Haraam? Are they the people of Makkah or the people of the Haram? What is your opinion of those who say that the Makki (resident of Makkah) can never do Tamattu’ or Qiraan without his family?.
Praise be to Allaah.
What the questioner has quoted is part of a verse in which
Allaah mentions those who do tamattu’. He says (interpretation of the
meaning):
“whosoever performs the ‘Umrah in the months of Hajj,
before (performing) the Hajj, (i.e. Hajj-at-Tamattu‘ and Al-Qiraan), he must
slaughter a Hady such as he can afford, but if he cannot afford it, he
should observe Sawm (fasts) three days during the Hajj and seven days after
his return (to his home), making ten days in all. This is for him whose
family is not present at Al-Masjid Al-Haraam (i.e. non-resident of Makkah)”
[al-Baqarah 2:196].
The scholars (may Allaah have mercy on them) differed as to
what is meant by those who are not present at al-Masjid al-Haraam.
It was said that they are those who are within the boundaries
of the Haram; whoever is outside the boundaries of the Haram is not among
those who are present at al-Masjid al-Haraam.
And it was said that they are the people who live at the
Meeqaats and within those limits.
And it was said that they are the people of Makkah and those
who live closer to it than the distance at which the traveller may shorten
his prayers.
The most likely to be correct is the view that those who are
present at al-Masjid al-Haraam are the people of the Haram.
If the person who is one of those who are present at
al-Masjid al-Haraam does tamattu’ for ‘Umrah and Hajj, he does not have to
offer a hadiy. For example, if a man from Makkah travels to Madeenah, say,
during the months of Hajj, then comes back from Madeenah and enters ihraam
from Dhu’l-Hulayfah for ‘Umrah, but he intended to do Hajj this year, then
he does not have to offer a hadiy, because he is one of those who are
present at al-Masjid al-Haraam. The people of Makkah may also do Qiraan but
they do not have to offer the hadiy, such as if one of the people of Makkah
is in Madeenah, then he enters ihraam from Dhu’l-Hulayfah during the days of
Hajj for ‘Umrah and Hajj together (Qiraan). This pilgrim who does Qiraan
does not have to offer a hadiy either, because he is one of those who are
present at al-Masjid al-Haraam. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen
(22/70, 71)
It says in Fataawa al-Lajnah al-Daa’imah (11/389):
The scholars differed concerning the meaning of “those who
are present at al-Masjid al-Haraam.” The most correct view is that they are
the people of the Haram.
And Allaah is the Source of strength. May Allaah send
blessings and peace upon our Prophet Muhammad and his family and companions.
End quote.
Standing Committee for Academic Research and Issuing Fatwas.
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