26.1 CHAPTER PRAYER OF THOSE WITH EXCUSES
Whosoever travels on a permitted journey the distance of four burud, it is a Sunnah for him to shorten the four rakat prayers to two rakat.
“Section”: This is the second section relating to concessions due to excuses.
“Whosoever travels”: Now we move on to excuses pertaining to travelling. Allah, the Most High, said to His Prophet(pbuh): {And when you travel throughout the land, there is no blame upon you for shortening the prayer.} (Al-Nisa: 101)
The meaning of darabtum in the above ayah means to embark upon a journey. The traveler can shorten prayers consisting of four rakat to two rakat. However, maghrib should not be shortened for it is the daytime witr and the fajr prayer also remains as it is.
The Messenger(pbuh) used to shorten the prayer throughout the course of his journeys from the point he left Madinah until he returned.
The traveler should only shorten his prayer if the following two conditions are present:
First: “Permitted journey”: The journey must be in accordance to Islamic legislation. If it involves matters that are prohibited in Islam, for example, he who travels to visit graves, then it is deemed a forbidden travel. This kind of journey may lead to shirk (ascribing partners to Allah). Another example is if one travels to engage in decadence and immorality in other countries. This is tantamount to a sinful travel. In both examples, the concession to shorten the prayer is revoked.
Second: “The distance of four burud (It is the plural of barid which is equivalent to twelve miles. So, four burud is approximately forty miles (in Hashemite metric measurements). See al-Lisan (3/86).) “This is the lower limit for what constitutes a journey (safar). Four burud is a distance travelled in two days which is equivalent to two marhalah. The Prophet(pbuh) said, “A woman who believes in Allah and the Last Day is not permitted to travel a distance of two days unless she is with a mahram (male relative).” (Reported by al-Bukhari (3/25, 26) and Muslim (4/102) from the narration of Abu Saʿid al-Khudri)
The Prophet set the limit for what constitutes a journey in which a woman must be accompanied by her mahram as a distance travelled in two days. This limit defines what a journey is technically. Anything short of that is not considered a journey. Two marhalah are equivalent to eighty kilometers. A journey is measured in distance and not time. If one travels eighty kilometers in an hour, he may shorten his prayers.
So, we can conclude that the Prophet had intended forty kilometers of travel per day when he set two days as the limit for a journey. Which makes a total of eighty kilometers. Shortening prayers on a journey less than this distance is not permitted for it is not considered a journey [in the technical sense related to shortening the prayer].
“It is a Sunnah for him to shorten the four rakat prayers to two rakat”‘. This is an elaboration of the ruling for shortening prayers. It is considered as Sunnah by the majority of scholars.28 Shortening of the prayers (qasr) is not wajib. If one decides to pray the full prayer during his journey, it is valid. Allah says: {And when you travel throughout the land, there is no blame upon you for shortening the prayer.} (Al-Nisa: 101) The word junahun (there is no blame) in this ayah indicates choice which means that it is not wajib.
If he departs from the buildings of his city or the tents of his clan.
“If he departs from the buildings of his city”: This is the third condition for shortening the prayer, that is, one must depart from the buildings. A journey is not deemed as one if he does not depart the buildings of his city. If he is within the confines of the city, then it is not considered a journey even though he is on the move with an intention to travel. The word safar in Arabic means, “Going away from dwellings.’’ The Prophet(pbuh) used to shorten his prayers only when he left the city up until the point he entered the city. (Authenticated by the hadith narrated by Anas ibn Malik as reported by Muslim with the words, “The Prophet(pbuh) used to shorten his prayers after traveling three miles (three farasikh).”)
“Buildings of his city”: This is in reference to the dwelling places of the city.
“Or the tents of his clan”: If they are nomadic tent-dwellers, then this replaces buildings with regards to the condition for shortening prayers.
The fourth condition is that one should make the intention to shorten his prayer when he does the takbiratul ihram. Let us recap the four conditions for shortening prayers:
Firstly: The journey must be a distance of at least two days’ travel.
Secondly: The journey must be for a permissible purpose.
Thirdly: The journey should take him beyond the dwelling places of his city.
Fourthly: Intention to shorten the prayer must be made while doing the takbiratul ihram.
If he made the takbiratul ihram as a resident then travels, or as a traveler and then he reached his city, or if he remembered during his journey that he missed a prayer as a resident or vice versa.
The following scenarios indicate when a traveler should pray the full prayer and they are eleven in total:
First: “If he made the takbiratul ihram as a resident then travels”: This refers to the instance where one makes the takbiratul ihram with the intention of a resident and then travels whilst still in that prayer. An example would be when a ship is still in the vicinity of his land and after he made the takbir the ship left his land. In this case, the individual should perform the prayer in full for he had intended it as a resident, not having left his land.
Second: “Or as a traveler and then he reached his city”: The ruling for the opposite situation is similar to the above. If he made the takbiratul ihram while still on a journey but reached his city before he concluded the prayer. He should also pray in full and not shorten it. An example would be when a plane lands at the local airport while he is still praying. He must perform his prayer in full.
Third: “Or if he remembered during his journey that he missed a prayer as a resident”: It is not permissible for him to shorten this prayer, rather he prays it during his journey in full and it is mandatory to do so in this manner. This is because what is taken into consideration is the obligation of that prayer and not the time in which it is performed.
Four: “Or vice versa”: That is, he remembers after the completion of his journey that he had missed a prayer. In this situation, he must perform it in full. This is because what is taken into consideration in this situation is the performance of the prayer and not the time in which it was due. The asl is that it is performed completely, thus one must return to the asl.
Or if he has to pray in full if led by a resident in prayer, if he is unsure if the imam [is a resident or traveler], or if he made an intention to pray in full but it was nullified and he repeated the prayer.
Five: “Or if he has to pray in full if led by a resident in prayer”: The author explains other instances where the prayer has to be performed by the traveler in its complete state. When a traveler prays behind an imam who is a resident then he should follow the actions of the imam by performing the full prayer. The Prophet(pbuh) said, “Verily the imam is to be followed, so do not contradict him.” (Reported by al-Bukhari (1/184) and Muslim (2/19) from the narration of Abu Hurairah.)
When Ibn ‘Abbas was asked about it, he replied, “This is the Sunnah.” (Reported by Ahmad (1/216).) In this statement he is referring to the Messenger’s Sunnah of the traveler performing the full prayer behind the resident. When Uthman performed the prayers in full at Mina even as the other Companions preferred to shorten the prayer, they prayed it in full when led by Uthman. Amongst the Companions who did so was Ibn Mas’ud (Reported by al-Bukhari (2/35) and Muslim (2/146) from the narration of Ibn Mas’ud.)
Six: “If he is unsure if the imam [is a resident or traveler]”: He should perform the prayer in full in this situation for the asI is that the prayer is to be performed fully.
Seven: “Or if he made an intention to pray in full but it was nullified and he repeated the prayer”: That is, he repeated the prayer while on a journey. Since he had prayed the initial prayer as a resident and it was nullified, repeating it should be in full too, his current journey notwithstanding. This is because the repayment has to be in the form of the initial prayer.
If he did not intend to shorten it during the takbiratul ihram, if he is in doubt of his intention, if he intended staying put in his destination for more than four days, or if he is a sailor whose family travel with him and who does not intend to stay put in any one place. These people must perform the prayer in full.
Eight: ‘‘If he did not intend to shorten it during the takbiratul ihram: A traveler who does not intend to shorten the prayer during the takbir but rectifies his intention later on still has to offer the full prayer. He must do so since one of the conditions for the shortening was not present: the intention at the point of the takbiratul ihram.
However, the correct view, inshallah, is that he may shorten his prayer for he is in the state of traveling. Furthermore, there is no evidence that stipulates that the shortening of prayer requires a specific intention during the takbiratul ihram. (See al-Mughni (3/119).)
Nine: “If he is in doubt of his intention”: I.e., he is confused if he intended shortening of the prayer or not at the point of the takbiratul ihram. In this situation, he must offer the prayer in full for the default intention is to pray it in its original form.
Ten: “If he intended staying put in his destination for more than four days”: Can a traveler shorten his prayer if he stays put at his destination? The answer is elaborated below:
Firstly: If he intends less than four days, then he may shorten his prayer for he has not violated the limits that constitute a journey. The basic principle is that a traveler may shorten the prayer.
Secondly: If he decides to take up residence at his destination for an unlimited number of days and he is residing so as to achieve an objective from his journey that he does not know when it will come to fruition, then he may shorten his prayer even if he has to remain a long time at that city. This is possible because he did not set out with a fixed number of days in mind for his journey. In fact, he had only intended to achieve the objective of his journey and satisfy his need.
Thirdly: If he intended to reside more than four days, then he must perform his prayers in full for the resident is obliged to perform the complete prayer without shortening. The Prophet(pbuh) arrived at Makkah for the Farewell Hajj on the morning of the fourth of Dhul Hijjah. He stayed at al-Abtah on the fourth, fifth, sixth and seventh. These make up four days. On the eighth or what is known as the day of tarwiyah, he moved on to Mina. He used to shorten his prayer throughout this period.
This is proof that if one intends to reside for a period of four days, he may shorten his prayer. For any period more than four days, he must perform the prayers in full. We have set four days as the limit for it was the example set by the Messenger(pbuh) during the Farewell Hajj. Some people cite that the Prophet(pbuh) shortened his prayer for more than ten days during the Conquest of Makkah. (Reported by Abu Dawud (1229) from the narration of ‘Imran ibn Hussain. It was also reported by al-Bukhari (2/53) from the narration of Ibn ‘Abbas.) However, he had not intended a fixed number of days for his journey. Also, during this period, he was performing reconnaissance of the enemies in preparation for the Battle of Hunayn.
Similarly, he spent twenty days in Tabuk and shortened the prayers throughout this period. (Reported by Ahmad (3/295) and Abu Dawud (1235) from the narration of Jabir ibn ‘Abdullah.) This was a reconnaissance expedition just like the Makkah expedition. He had gone to Tabuk to battle the Romans. Upon reaching there, he began to assess the enemy’s tactics and strength and could not decide when to begin the offensive against the enemy. He had not determined to stay a certain number of days; it was a reconnaissance period with no set duration.
We say that if one stays to fulfil a need and is not sure when the stay will end, then he may shorten his prayer.
Eleven: “Or if he is a sailor whose family travels with him and who does not intend to stay put in any one place. These people must perform the prayer in full”: There are two situations for this:
(i) If he has a country where he has lived in for some years, then he may shorten his prayer in his journeys; even if it is for a long period of time. He is more worthy of this concession as compared to he whose journey takes much less time for the hardship endured in longer journeys is greater. If he resides in his country, then he must perform prayers in full and fast. He should also pay back the fasts that he missed in Ramadan.
(ii) He is a nomad who has never intended a country of residence. If he has his family with him in the boat, then the boat is considered a home for him. He must not shorten his prayer for he is not considered a traveler. Qasr (shortening the prayer) and breaking of the fast are concessions made available to those who embark on a journey and then come to reside in a foreign land.
If there are two routes for a journey and he chose the longer route, or if he remembered that he missed a prayer while he was on the journey, he may shorten his prayer. If he is held back and had not intended to reside or must reside there until such a time that the objectives of travel are achieved, without an intention to reside, then he may shorten his prayer indefinitely.
“If there are two routes for a journey and he chose the longer route”: There are two routes, one of which is too short for shortening prayers. He chose the longer route so as to shorten his prayer in the journey. This is permitted. He is not obliged to choose the shorter route.
“Or if he remembered that he missed a prayer while he was on the journey”: I.e., a prayer that had been due while he was on the same journey but forgot and had to pay back the prayer. If he does so while still on the journey, he shortens it for the prayer would have been shortened had he performed it when the prayer was due. This is in contrast to one who misses a prayer in a journey and remembers it only after he returns to his country. In this case, he must perform it in full.
“If he is held back”: This scenario was discussed earlier in the elaboration of the conditions that necessitate a traveler to perform the prayer in full.
By Shaykh Salih ibn Fawzan al-Fawzan
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