Question: Is it obligatory to show hospitality to a stranger who arrives? And does the one who falls short in that sin?
The answer – and Allah is the One who grants success – is as he said in the Sharḥ on al-Azhār: “Ê Hospitality is only obligatory upon those who are from the people of tent-dwellings (ahl al-wabar), and they are the Bedouins, because of the report, and it is the saying of the Prophet (May Allah bless him and his family and grant them peace): ‘Hospitality is upon the people of tent-dwellings, and it is not upon the people of mud-brick dwellings (ahl al-madar).’” And this issue is a position held by Imām al-Mahdī ʿAlī ibn Muḥammad. End.
And what also indicates that is what has been narrated from the Prophet (May Allah bless him and his family and grant them peace), that he said: “Whoever lodges by a village, then wakes up in their courtyard hungry, it is a duty upon every Muslim to assist him until he takes his right.”
And in the marginalia of al-Azhār: al-Faqīh Muḥammad ibn Yaḥyā said: “Feeding the guest is a communal obligation (farḍ kifāyah) where food is not sold, not where it is sold.” End.
I say: People of sound reason censure the one who falls short in feeding the stranger who has arrived, whether he has arrived to the people of tent-dwellings or to the people of mud-brick dwellings whose villages do not contain restaurants and markets, and they describe the one who falls short in that as base and mean. In this there is evidence for the correctness of the saying of the scholars of the madhhab that it is obligatory in the case of the people of tent-dwellings, and for the soundness of the ḥadīth which they mentioned from the Prophet (May Allah bless him and his family and grant them peace).
Yes, the people of villages who resemble the people of tent-dwellings can be analogically compared to them; thus it is obligatory upon them to host the stranger just as it is obligatory upon the people of tent-dwellings.
If it is said: It has come in the ḥadīth which they narrated: “Hospitality is upon the people of tent-dwellings, and it is not upon the people of mud-brick dwellings,” and there is no analogical reasoning in the presence of a text.
We say: What is meant by “the people of mud-brick dwellings” in the ḥadīth are the people of villages in which markets are available, and in which food and that which the traveller and the stranger need is sold.
This being so, the enforcing of hospitality upon the people of the villages in Yemen took place according to what we have mentioned, as reported from those who caught the last period of the rule of the Imāms, and this analogical reasoning which we have mentioned is sound; because there is no difference between the original case and the branch except hair (of tents) and earth (of buildings), and it is not valid to distinguish between them by that, for hair and dust have no effect in making hospitality obligatory or not, and there is no appropriate causal link in that.
If it is said: It has come in the ḥadīth from the Prophet (May Allah bless him and his family and grant them peace): “There is no right in wealth except zakāt,” and: “It is not lawful to take the wealth of a Muslim except with his willing consent.”
We say: That is general, specified by what we have mentioned, and by the maintenance of relatives, and by relieving one in dire necessity.
And in al-Bayān: ÊIssue: Imām Yaḥyā said: “Feeding the guest is a communal obligation (farḍ kifāyah) where food (that is, prepared food – marginal note) is not sold, not where it is sold; because of the saying of the Prophet (May Allah bless him and his family and grant them peace): ‘Hospitality is upon the people of tent-dwellings and it is not upon the people of mud-brick dwellings.’”
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2