What is the ruling on those who cite Allah’s saying regarding reserving places in the front rows: “The one who stays in it and the one who is away from it are equal” (Al-Hajj 25)?

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The questioner:
What is the ruling on those who cite Allah’s saying regarding reserving places

equal are the resident therein and one from outside

سَوَاءً الْعَاكِفُ فِيهِ وَالْبَادِ

[Al-Hajj 22:25]

?

The Shaykh:
This is the evidence against them. This is the evidence against them that the one who reserves a place and the one who does not are equal. The Haram is for everyone, whether one reserves a place or not. The Haram belongs to whoever arrives first. The Prophet (peace and blessings be upon him) said:

Mina is a resting place for whoever arrives first,

منى مناخ لمن سبق،

And he (peace and blessings be upon him) said:

If anyone reaches a water which has not been approached before by any Muslim, it belongs to him.

مَنْ سَبَقَ إِلَى مَاءٍ لَمْ يَسْبِقْهُ إِلَيْهِ مُسْلِمٌ فَهُوَ أحق به.

Sunan Abi Dawud 3071Da'if (Al-Albani)

Yes.

The questioner:
A woman came to perform 'Umrah.

The Shaykh:
Being first is by reservation, being first is by presence. Your presence in the Haram, your sitting in the Haram, that is being first. Yes.

Source قناة «العلامة الدكتور صالح الفوزان»، ما حكم الذين يستدلون بقوله تعالى في حجز الأماكن في الصفوف الأولى ﴿سواء الْعاكف فيه والْباد﴾الحج25؟ # — youtube.com

The Arabic text is a machine transcription of the audio recording.

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