Who are those are present at al-Masjid al-Haraam?. - (Ahkaam al-Haramayn (Rulings on the Two Sanctuaries)

Allaah says (interpretation of the meaning):
"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' andAl-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
hisprayers.
The most likely to be correct is the view that those who are present
atal-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
ofMakkah 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 Qiraandoes 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 meaningof "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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