What is the distance of travel that establishes the rulings of travel?
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The questioner : The questioner says:
The Shaykh : Because look at it, for it is a sound and valid statement.
The questioner : By Allah.
The Shaykh : Look, did you have anything of this that he wants?
The questioner : Yes. The questioner says: Honorable Shaykh, we are a group who, since an old journey, have begun to detail the rulings of the minister of travel in travel and to know the evidence.
The Shaykh : Yes. Travel is a cause that permits shortening the four-rak'ah prayer to two rak'ahs; indeed, travel is a cause that necessitates the prescription of shortening the four-rak'ah prayer to two rak'ahs, either as an obligation or as a recommendation, according to scholarly disagreement on the matter. The correct view is that shortening is recommended (mandub) and not obligatory, even though there are texts whose apparent meaning is obligation, but there are other texts indicating that it is not obligatory. The travel that permits shortening, permits breaking the fast, and permits wiping over the leather socks or socks is three days. The scholars have differed on this; some of them tied it to distance, which is approximately eighty-one kilometers. So if a person leaves his town to this distance, or if he intends to cover this distance from his town, he is a traveler and all the dispensations of travel are permissible for him. Some of the scholars say that travel is not defined by distance, but rather by custom and habit, because the Shari'ah did not come with a definition of it, and whatever the Shari'ah did not define is referred back to custom and habit, as the poet said: "And whatever came and was not defined by the Shari'ah, like the safe, define it by custom." He repeated it a second time: "And whatever came and was not defined by the Shari'ah, like the safe, define it by custom." A third time: "And whatever came and was not defined by the Shari'ah, like the safe, define it by custom."
Another questioner : If one is forced to commit a forbidden act and the one who is opposed dies, then if he dies, does a blood money fall upon him?
The Shaykh : No, it is not upon him; it is not upon the doer, but upon the one who coerced him. Yes.
The questioner : It did not come. And every
The Shaykh : With you.
The questioner : And every matter that came by the Shari'ah and was not defined.
The Shaykh : No, and every matter that came.
The questioner : And it is every matter that came and was not defined by a condition, like the safe, so it is defined by custom.
The Shaykh : Yes, you did well.
Another questioner : May Allah bless you.
The Shaykh : The one who said it is the poet. The poet made the first and second hemistich.
Another questioner : In the name of Allah, the Most Gracious, the Most Merciful.
The Shaykh : And upon you be peace, welcome. Now, but the word "like the safe." What is my concern with the solution? I mean, it is not something by which things are preserved. I mean, if I entrusted you with a deposit and you placed it in a place and it was stolen from the place, and the owner of the deposit claimed that he placed it in a place that was not secured, and the one who entrusted it claimed that he placed it in a secured place, then the reference in that is to custom in any case. If the rulings of travel are established, whether we say it is restricted by distance or restricted by custom, then the rulings of travel should be done by the person, whether it is shortening, or breaking the fast in Ramadan, or wiping over the socks for three days. However, the best for the traveler regarding fasting is to fast, as long as it does not become difficult. If it becomes difficult, then the best is to break the fast. On this occasion, I would like to mention to our brothers who are performing 'Umrah, who come to Makkah to perform 'Umrah, that some of them complete their 'Umrah during the day, and fasting becomes difficult for them with great hardship, until some of them faint and are rescued. This is a very great error. What is prescribed for these people is to break their fast. So if someone asks: Is it better to break the fast and perform the 'Umrah as soon as I arrive, or is it better to abstain and not perform the 'Umrah until the night? The answer is the first: it is better to break the fast and perform the 'Umrah during the day, because the Prophet (peace and blessings be upon him), when he performed 'Umrah, hastened to perform the 'Umrah, to the extent that he did not dismount his camel except at the door of the mosque, may Allah praise him, and he would perform his 'Umrah. And what happens from some people in this country or elsewhere, of fasting in Ramadan while traveling with hardship, is only due to their independent reasoning (ijtihad), but the Shari'ah is not by desire, but by guidance. So for a person to make it difficult for himself while he is sick and fast, or to make it difficult for himself while he is a traveler and fast, I say that for a person to do this is contrary to the Sunnah and contrary to what Allah the Mighty and Majestic loves. For Allah loves that His dispensations be taken, just as He hates that His disobedience be taken. Yes.
The Shaykh : Because look at it, for it is a sound and valid statement.
The questioner : By Allah.
The Shaykh : Look, did you have anything of this that he wants?
The questioner : Yes. The questioner says: Honorable Shaykh, we are a group who, since an old journey, have begun to detail the rulings of the minister of travel in travel and to know the evidence.
The Shaykh : Yes. Travel is a cause that permits shortening the four-rak'ah prayer to two rak'ahs; indeed, travel is a cause that necessitates the prescription of shortening the four-rak'ah prayer to two rak'ahs, either as an obligation or as a recommendation, according to scholarly disagreement on the matter. The correct view is that shortening is recommended (mandub) and not obligatory, even though there are texts whose apparent meaning is obligation, but there are other texts indicating that it is not obligatory. The travel that permits shortening, permits breaking the fast, and permits wiping over the leather socks or socks is three days. The scholars have differed on this; some of them tied it to distance, which is approximately eighty-one kilometers. So if a person leaves his town to this distance, or if he intends to cover this distance from his town, he is a traveler and all the dispensations of travel are permissible for him. Some of the scholars say that travel is not defined by distance, but rather by custom and habit, because the Shari'ah did not come with a definition of it, and whatever the Shari'ah did not define is referred back to custom and habit, as the poet said: "And whatever came and was not defined by the Shari'ah, like the safe, define it by custom." He repeated it a second time: "And whatever came and was not defined by the Shari'ah, like the safe, define it by custom." A third time: "And whatever came and was not defined by the Shari'ah, like the safe, define it by custom."
Another questioner : If one is forced to commit a forbidden act and the one who is opposed dies, then if he dies, does a blood money fall upon him?
The Shaykh : No, it is not upon him; it is not upon the doer, but upon the one who coerced him. Yes.
The questioner : It did not come. And every
The Shaykh : With you.
The questioner : And every matter that came by the Shari'ah and was not defined.
The Shaykh : No, and every matter that came.
The questioner : And it is every matter that came and was not defined by a condition, like the safe, so it is defined by custom.
The Shaykh : Yes, you did well.
Another questioner : May Allah bless you.
The Shaykh : The one who said it is the poet. The poet made the first and second hemistich.
Another questioner : In the name of Allah, the Most Gracious, the Most Merciful.
The Shaykh : And upon you be peace, welcome. Now, but the word "like the safe." What is my concern with the solution? I mean, it is not something by which things are preserved. I mean, if I entrusted you with a deposit and you placed it in a place and it was stolen from the place, and the owner of the deposit claimed that he placed it in a place that was not secured, and the one who entrusted it claimed that he placed it in a secured place, then the reference in that is to custom in any case. If the rulings of travel are established, whether we say it is restricted by distance or restricted by custom, then the rulings of travel should be done by the person, whether it is shortening, or breaking the fast in Ramadan, or wiping over the socks for three days. However, the best for the traveler regarding fasting is to fast, as long as it does not become difficult. If it becomes difficult, then the best is to break the fast. On this occasion, I would like to mention to our brothers who are performing 'Umrah, who come to Makkah to perform 'Umrah, that some of them complete their 'Umrah during the day, and fasting becomes difficult for them with great hardship, until some of them faint and are rescued. This is a very great error. What is prescribed for these people is to break their fast. So if someone asks: Is it better to break the fast and perform the 'Umrah as soon as I arrive, or is it better to abstain and not perform the 'Umrah until the night? The answer is the first: it is better to break the fast and perform the 'Umrah during the day, because the Prophet (peace and blessings be upon him), when he performed 'Umrah, hastened to perform the 'Umrah, to the extent that he did not dismount his camel except at the door of the mosque, may Allah praise him, and he would perform his 'Umrah. And what happens from some people in this country or elsewhere, of fasting in Ramadan while traveling with hardship, is only due to their independent reasoning (ijtihad), but the Shari'ah is not by desire, but by guidance. So for a person to make it difficult for himself while he is sick and fast, or to make it difficult for himself while he is a traveler and fast, I say that for a person to do this is contrary to the Sunnah and contrary to what Allah the Mighty and Majestic loves. For Allah loves that His dispensations be taken, just as He hates that His disobedience be taken. Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 21 - 22 - دروس وفتاوى المسجد الحرام للعام 1408 هـ الدرس الحادي والعشرين الشيخ محمد بن صالح العثيمين — youtube.com (37:18)
The Arabic text is a machine transcription of the audio recording.
