Is a person whose origin and birthplace is Makkah, who leaves for permanent residence elsewhere, obligated to offer the sacrifice if they return to Makkah performing Tamattu' with or without intent to reside there?

Chapter on the Description of Hajj

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 5

Open in Qurani

Primary text

If a native of Makkah leaves with the intention of permanent relocation, and then returns performing Tamattu', the sacrifice of Tamattu' is obligatory upon him. This is the position held by Malik, Al-Shafi'i, and Ishaq. The reasoning is that the status of being a resident eligible to perform Hajj without the sacrifice (i.e., being a resident of the Masjid al-Haram) is established by the intention and act of residing there. Such a person only intends to reside after completing the Hajj rites, which means the sacrifice becomes obligatory before the established intention of residence for the Hajj season takes effect.