Fath al-Rabbani

Benefits: … The wording of the narration in Sahih Muslim is as follows: The Prophet sallallahu alayhi wa sallam said: ((The emigrant (muhajir) may stay in Makkah after completing his rites (nusuk) for three days.)) As if he (sallallahu alayhi wa sallam) was saying: He should not stay more than this. … The jurisprudence (fiqh) of this hadith is that those who had emigrated from Makkah before the conquest of Makkah, it was forbidden for them to take up residence in Makkah. However, they could come for the purpose of Hajj or Umrah, but even then, after completing the rites, they were only permitted to stay in this city for three days; they could not stay longer than this. Our point is that these very emigrants stayed in Makkah for ten days on the occasion of the Farewell Pilgrimage (Hajjat al-Wada’). If Mina, Arafat, and Muzdalifah, etc., are considered separate journeys, then from the 4th of Dhu al-Hijjah to the 8th of Dhu al-Hijjah, they remained in Makkah itself and continued to shorten their prayers (qasr), but their purpose was the performance of Hajj, which had not yet been completed, so they were still considered travelers (musafir). And these same Companions, on the occasion of the conquest of Makkah, stayed in this city for nineteen days, but it was necessary for them to stay for that duration. When they had completed the rites of Hajj and were given the choice to stay or leave, they were only granted a respite of three days. The reason for this is that if they stayed in Makkah for longer than this period, they would become residents (muqim) of it, and their emigration (hijrah) would be nullified. The meaning of this is that staying in a place due to some excuse or necessity is one thing, and staying there by choice is another; different rulings apply to these two situations. The emigrant Companion, Sayyiduna Sa’d ibn Malik radi Allahu anhu, became ill during the Farewell Pilgrimage, and it seemed as if he would pass away, … … The Prophet sallallahu alayhi wa sallam said: ((O Allah! Complete the emigration of my Companions for them, and do not turn them back on their heels, but the unfortunate Sa’d ibn Khawlah.)) The Messenger of Allah sallallahu alayhi wa sallam expressed sorrow for him because Sayyiduna Sa’d radi Allahu anhu passed away in Makkah. The ruling of this hadith was only for those Companions who had left Makkah for the sake of Allah Ta’ala; after the conquest of Makkah, the very concept of emigrating from this city ceased to exist.

A question arises: If a person emigrates from a city in the same manner as the Companions emigrated from Makkah, and then that city becomes a land of Islam (dar al-Islam), can that person take up residence in that city? The apparent ruling is that whoever emigrates from a city for the sake of Allah Ta’ala should not settle there again. And Allah knows best what is correct.

It is correct to derive from this blessed hadith that if a person wishes to stay at a place away from home for more than three days by choice, he should consider himself a resident (muqim) and perform the full prayer (not shortened). And Allah knows best what is correct. For details on this issue, see hadith number (2376) and its benefits.