say that his presence counts towards constituting a valid Friday congregation, for only settled residents count towards constituting it. Yet requiring such a person to attend Friday prayer, fast and pray in full is precisely what lacks evidence. Indeed, it is contrary to Islamic law, for this was the situation of the Prophet, may Allah bless him and grant him peace, in Mecca during the conquest and the Farewell Pilgrimage, and at Tabūk. Indeed, this is the situation of all pilgrims who come to Mecca to perform their rites and then return home. A person may arrive in Mecca on the fourth of Dhū al-Hijjah, a day or several days earlier, or later. They are all travellers, obliged neither to attend Friday prayer nor to pray in full. The Prophet, may Allah bless him and grant him peace, arrived on the morning of the fourth of Dhū al-Hijjah and prayed two rakʿahs. But what grounds do they have for claiming that, had he arrived on the morning of the third or second, he would have prayed in full and ordered his Companions to do likewise? Nothing in his words or actions indicates this.
Had this been a dividing line between residents and travellers, he would have explained it to the Muslims, as Allah Most High says:
“Allah would not let a people go astray after He has guided them until He has made clear to them what they must avoid.”
Distinguishing between a resident and a traveller on the basis of an intention to stay a specified number of days has no recognized basis in Islamic law, language or custom. The Prophet, may Allah bless him and grant him peace, permitted an Emigrant to remain in Mecca for three days after completing his pilgrimage rites. Shortening the prayers during this time is permissible according to the scholars. Yet he called this residence and permitted the Emigrant to remain for that period. If the Emigrant wished to remain longer after completing the rites, he would not be