What is the definition of 'Hadir' (resident/non-traveler) in relation to the Haram (Sanctuary)?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The definition of 'Ahl al-Haram' (people of the Sanctuary) includes those residing within the area between the limits of the Haram and Mecca itself, provided this distance does not constitute the distance requiring the shortening of prayers (Masafat al-Qasr). This view is stated by Ahmad and attributed to 'Ata'. Al-Shafi'i adheres to this position. The evidence for this ruling is that anyone approaching the Haram without meeting the distance criteria for shortening travel is considered a resident in terms of religious rulings. This is evidenced by the fact that when such a person intends to travel to the Haram, they are not permitted the concessions granted to travelers. The primary legislative consideration relies on excluding the rulings of the traveler, which aligns with the explicit mention of 'residence' (Hudhur) in the verse.
Supporting text
Malik defines the 'Hadir' as the people of Mecca itself. Mujahid defines them as the people of the Haram, a view also narrated from Tawus. Al-Makhul and the people of opinion (Ahl al-Ra'y) define them as those residing within the established Miqats (fixed stations for assuming Ihram), because the Miqat is a location where the ritual of pilgrimage is legislated, thus resembling the Haram itself. This latter definition is rejected because a Miqat can be far away, conferring the ruling of long-distance travel upon someone intending it, and because defining residence by the Miqat leads to the illogical situation of classifying someone near the Miqat as a non-resident while classifying someone far away as a resident.