The Ruling on a Traveler Who Travels for Sin Taking Advantage of the Dispensations of Travel
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Question:
Honorable Shaykh, may Allah preserve you, what is the stronger position regarding a traveler who travels for the sake of sin? Is he permitted to take advantage of the legal dispensations of travel, such as combining prayers, shortening them, and wiping over the leather socks for three days, or is that not permissible for him?
Answer:
The majority hold that it is not permissible for him to do so, because dispensations are not made lawful in the context of sins. Since this person is a sinner, the legal dispensations are not made lawful for him. His ruling is that of a resident, and his travel is not considered. This is because allowing him these dispensations would be assisting him in his sin.
Some distinguished scholars, such as Shaykh al-Islam Ibn Taymiyyah and others, held that the sinner who travels is permitted the dispensations just like anyone else. Here, no clear evidence was found to prevent him from the dispensations of travel, except for the three days and nights in Ramadan and in the mosque. However, what is troubling in this matter is the reality of the situation. The traveler visits shrines and graves, and he is told to be cautious in Ramadan. The problem is with those who travel to lands of licentiousness, fornication, sodomy, and all manner of evil, and for drinking intoxicants, and they are told to shorten the prayer and wipe over their socks for three days and nights. This is a problem.
Honorable Shaykh, may Allah preserve you, what is the stronger position regarding a traveler who travels for the sake of sin? Is he permitted to take advantage of the legal dispensations of travel, such as combining prayers, shortening them, and wiping over the leather socks for three days, or is that not permissible for him?
Answer:
The majority hold that it is not permissible for him to do so, because dispensations are not made lawful in the context of sins. Since this person is a sinner, the legal dispensations are not made lawful for him. His ruling is that of a resident, and his travel is not considered. This is because allowing him these dispensations would be assisting him in his sin.
Some distinguished scholars, such as Shaykh al-Islam Ibn Taymiyyah and others, held that the sinner who travels is permitted the dispensations just like anyone else. Here, no clear evidence was found to prevent him from the dispensations of travel, except for the three days and nights in Ramadan and in the mosque. However, what is troubling in this matter is the reality of the situation. The traveler visits shrines and graves, and he is told to be cautious in Ramadan. The problem is with those who travel to lands of licentiousness, fornication, sodomy, and all manner of evil, and for drinking intoxicants, and they are told to shorten the prayer and wipe over their socks for three days and nights. This is a problem.
Source
قناة «العلامة الدكتور صالح الفوزان»، 006 من 123 / شرح كتاب زاد المستقنع / الطهارة / فروض الوضوء وصفته / صالح الفوزان/الفقه/كبار العلماء — youtube.com (55:24)
The Arabic text is a machine transcription of the audio recording.
