The opposite of a settled resident is a traveller or a temporary resident. A traveller is one who is passing through a town in the course of his journey, stopping only to attend to some need before continuing on his way. A temporary resident is someone who stays for a day, three days, five days, or longer for some purpose and then returns home. If someone remains in a town while intending to resume his journey, is he a temporary resident or a traveller?
The answer is that Shaykh al-Islam holds that he is a traveller. He says: Neither the Quran nor the sunnah divides people into settled residents, temporary residents, and travellers. Rather, they mention only travellers and settled residents; and the settled resident is the one who resides there.
“It is valid in the open land near the built-up area …”
His statement, “It is valid,” refers to the Jumu‘ah prayer.
His statement, “in the open land near the built-up area,” means that if the people of a town hold the Jumu‘ah prayer outside the town in a nearby place, it is valid. It is not a condition that it be held within the town itself, provided that the location is close by—such as the Eid prayer-ground, which lies in the open land outside the town—because, in reality, they have not departed from the town.
The author’s statement, may Allah have mercy on him, “in the open land near the built-up area,” indicates that if the location is far away, the Jumu‘ah prayer is not valid there. Thus, if the people of a town went on an outing far from the town and held the Jumu‘ah prayer there at that distant place, it would not suffice, because they have separated themselves from the town.
If someone asks: Is nearness here determined by customary practice or by a specified distance?
The answer is that when the scholars mention something without defining it, it is referred back to customary practice. Likewise, whenever a matter is left unrestricted in the Quran and sunnah and has no legal definition, it is referred back to customary practice. This is a beneficial principle. Accordingly, the poet says: