Who are those are present at al-Masjid al-Haraam?
“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?.
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)”
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.