in which he resides most often. If both are equal, then it is the one where his wealth is greater. If both are equal, then it is the one in which he intends to reside for a longer period. If both are equal, he has the ruling of the village from which he assumed Ihram. We have already mentioned the evidence for what we have stated.

Section: If an Afaqi (one from outside the Miqat) enters Mecca as a Mutamatti' (one performing Tamattu' Hajj) while intending to reside there after his Tamattu', the dam (blood sacrifice) of Tamattu' is incumbent upon him. Ibn al-Mundhir said: Every scholar whose views we have preserved is in agreement on this. If a man was born and raised in Mecca, then left it to move and reside elsewhere, and then returned to it as a Mutamatti' while intending to reside there, or not intending that, the dam of Tamattu' is incumbent upon him; because by moving away, he has ceased to be one of its people. This is also the view of Malik, al-Shafi'i, and Ishaq. This is because residency in the Sacred Mosque is only attained through the intention to reside and the action of doing so; and this person only intended to reside once he finished the rituals of Hajj, for when he finishes his Umrah, he is intending to go out for Hajj, so it is as if he only intended to reside after the dam became incumbent upon him. However, if a Meccan leaves as a traveler without intending to relocate, and then returns and performs Umrah from the Miqat, or shortens [his stay] and performs Hajj in the same year, there is no dam upon him; because he did not cease to be one of the residents of the Sacred Mosque by this journey.

Section: This condition is a condition for the obligation of the dam upon him, not a condition for his being considered a Mutamatti'; for the Tamattu' of a Meccan is valid. This is because Tamattu' is one of the three types of rituals, so it is valid for a Meccan, just like the other two rituals. Also, the reality of Tamattu' is that one performs Umrah during the months of Hajj and then performs Hajj in the same year, and this is present in the case of the Meccan. It has been narrated from Ahmad: "There is no Mut'ah (Tamattu') for the people of Mecca." The meaning of this is that there is no dam of Mut'ah upon them, because the Mut'ah is for his benefit, not against him, so it must be interpreted in the manner we have mentioned.