Is a blood sacrifice obligatory upon a resident of the Sacred Mosque (Haram) who performs Qiran?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The majority of scholars require that the pilgrim must not be a resident of the Sacred Mosque for the blood sacrifice to be obligatory. This is because the ruling is derived through analogy with the Mutamatti', and the expiation for the Qarin is a consequence of the text specifying it for the Mutamatti'.
Supporting text
Ibn al-Majishun stated that the sacrifice is due even for a resident of the Sacred Mosque because Allah only excused the Mutamatti' from the sacrifice, and the Qarin is not a Mutamatti'. This view is deemed incorrect because the Qarin has already been established as a type of Mutamatti', and even if not, the obligation of sacrifice for the Qarin stems from the text pertaining to the Mutamatti', thus the derivative cannot contradict its origin.