Is one who settles in a place and resolves to stay for a period of five days considered a resident?

The questioner : ... As for Abu Hanifa (may Allah have mercy on him), it is four days if the duration is known, then if he does that and it is more than four, he completes the prayer. What do you think?

The Shaykh : This is the opinion of Imam al-Shafi'i, not Abu Hanifa; secondly, there is no evidence for it. The criterion is the intention of the traveler, whether he resolves to reside or not.

The questioner : He resolves to reside for a week or two weeks.

The Shaykh : Yes, in that case he must pray the prayer of a resident.

The questioner : He resolves to reside for five days or four days.

The Shaykh : Yes, he becomes a resident because: .

The questioner : The Messenger (peace and blessings be upon him) resolved to reside for four days in Makkah until he went to Mina; he resolved to reside.

The Shaykh : Do you mean in the context of Hajj?

The questioner: Yes.

The Shaykh : As for Hajj, it is not a standard; because in the case of Hajj, there is an element of it being a ritual of the Hajj rites. That is, you see now that the houses of Mina are connected to Makkah.

The questioner : Even if one resides in Mina and performs Hajj, does he...?

The Shaykh : Even though this person is not a traveler; I say this person is not a traveler. If we want to take the general rule, this person is not a traveler; but the fact that we have a ritual of the Hajj rites where the Messenger (peace and blessings be upon him) stayed in Makkah for such a time and shortened the prayer, and in Mina and at 'Arafah, and so on, we cannot apply this ruling to all places. And based on this, we say that any man who arrives in a town, as long as he has not resolved to reside, he is a traveler, even if he stays for years. And among the curiosities, yesterday a woman asked me, I do not know if she is Saudi from the Arabian Peninsula, she said, "We came here from some Arab countries and we intend to reside for three years. Do we pray the prayer of a resident?" Three years, and yet she needs to be sure. It appears this is the opinionThe Shaykh : of Taki al-Din al-Hilali (may Allah have mercy on him), who holds this opinion.
Abu Malik: Muhammad ibn 'Uthaymeen, I heard that he issues a fatwa to this effect.

The Shaykh : It is not far-fetched.
Abu Malik: I heard...

The Shaykh : But we know this about Taki al-Din, and about his companion with whom we met in his house,The Shaykh : Muhammad al-Zamzami, do you remember him? In Tangier.
Abu Malik: The one who is the second al-Ghamari.

The Shaykh : When we discussed the topic with him: He has a thesis on this meaning. And he wrote it for him,The Shaykh : Taki al-Din al-Hilali. They hold that a person, once he leaves his town, if he resides in a foreign land for years, he still shortens the prayer until he returns to his town. That is, it is strange jurisprudence. The point is, we find in the reports of the Salaf this phrase, and it is precise in its place: whether he resolved to reside or not. The story of Ibn 'Umar with his companions when they were in the land of Persia in his time, and snow fell on them and the road was blocked, they stayed for six months in the authentic report, and in another weak report for two years, and they shortened the prayer. Why? Because they did not intend to reside and did not resolve to reside; they hoped that the snow would clear from their road and they would return to their town. Therefore, I am not comfortable with your saying that this is like the Salafi saying: "He who resolves to reside enters the ruling of a resident." What is the difference between resolving and not resolving? Resolving to reside is clear. Not resolving means, as we mentioned regarding Ibn 'Umar, "today and tomorrow, today and tomorrow," and it took a long time and a very long time, so he is in the ruling of a traveler.

The questioner : I cut the ticket; arrival here is on Sunday and return is on Wednesday... meaning the residence here has ended.

The Shaykh : You know yourself best: You may resolve or you may not. If you resolve, the ruling is clear, and if you do not resolve, it is the same.

The questioner : I cut the ticket now from here to Egypt on Wednesday and I return on Wednesday, meaning I resolved to reside that I will stay in Egypt for seven days. Do I complete the prayer just because I arrive until I return?

The Shaykh : I am not telling you to complete or not complete; you tell me...

The questioner : Now I am booking.

The Shaykh : No, excuse me, we understood that, but answer my question: Did you resolve to reside or not?

The questioner : What is meant by resolving to reside?

The Shaykh : We said, what is meant, may Allah reward you.

The questioner : Resolving to reside means I will stay here to attend to my needs and then return, or I will stay as a settler.

The Shaykh : No, it is not a condition to be as a settler.
Abu Malik: The meaning of resolving is: Did you intend to stay for three days and set this duration for yourself?
Al-Halabi : The ticket itself determines it.
Abu Malik: No, the ticket does not determine it. Excuse me, Shaykh, I am sorry, because the ticket, when you first arrive in the town, you may find some things that call you to stay longer than the time of the ticket.

Another questioner : The delay or advancement of the ticket.
Abu Malik: So the precise jurisprudence is that the criterion is residence, so you are a resident, even if for one day.

The Shaykh : Yes, exactly.