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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on breaking the fast and shortening the prayer for one who arrives in Makkah during the last ten days?

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The questioner : The questioner says: A man arrived in Makkah to break his fast during the last ten days of Ramadan. Is it permissible for him to break his fast, or does he take the ruling of one who resides there? Likewise, regarding shortening the prayer and leaving the rawatib (the regular voluntary prayers attached to the obligatory ones)?

The Shaykh : He is in the ruling of a traveler who arrived in Makkah to stay for ten days. In the last ten days, he is in the ruling of a traveler. The Prophet (peace and blessings be upon him) arrived in Makkah in the Year of the Conquest on the nineteenth or twentieth day and stayed there for nineteen days. In Sahih al-Bukhari, from the hadith of Ibn 'Abbas (may Allah be pleased with them both), it is stated that the Prophet (peace and blessings be upon him) did not fast the remainder of the month. So the Messenger (peace and blessings be upon him) was breaking his fast in the last ten days of Ramadan while he was in Makkah.
As for shortening the prayer, if it is a man, it is obligatory for him to attend the congregation in the mosques. If he attends, he is required to complete the prayer. However, if he misses the prayer, he prays two rak'ahs. The woman prays in her house, so she prays two rak'ahs. If she prays in the mosque, she is required to pray four rak'ahs. But what do we say about a man who enters the mosque while they are praying the tarawih prayer, and he is a traveler? He enters with the imam in the tarawih prayer while intending the 'Isha' prayer. What do we say about him? Yes, we say this is permissible. This is permissible according to the correct view. If you enter while the imam is praying the tarawih prayer, you enter with him intending the 'Isha' prayer. If you are a traveler and you enter with him from the first rak'ah, you conclude the prayer with him. If you enter in the second rak'ah, you complete one rak'ah after him. Imam Ahmad (may Allah have mercy on him) explicitly stated the validity of this and that it is permissible. Although the well-known view in the books of the Hanbalis (may Allah have mercy on them) is that this is not permissible, based on the well-known rule that one who is praying a voluntary prayer cannot be an imam for one who is praying an obligatory prayer. But this view is the weaker position, and the correct view is the permissibility of one who is praying an obligatory prayer following one who is praying a voluntary prayer, and this case falls under that.
So if someone says, "We entered the congregation and the people are praying tarawih, is it better for us to pray the obligatory prayer as a congregation and then enter with the imam, or is it better to enter with the imam?" Yes, it is better to enter with the imam. As long as we see that it is permissible, it is better to enter with the imam so that the congregation does not multiply in one mosque at the same time. It is not good for the Muslims to be separated, with these praying in one corner and those praying in another corner. Rather, they are one community. For this reason, when the Prophet (peace and blessings be upon him) saw two men who had separated from the people in the Fajr prayer during the Farewell Pilgrimage in Mina, he called them and said to them, "What is the matter with you? Why did you not pray with us?" They said, "O Messenger of Allah, we prayed in our tents." He said:
when you pray in your camp then you come to a Masjid with a congregation, then pray with them. That will be a voluntary prayer for you.إذا صليتما في رحالكما ثم أتيتما مسجد جماعة فصليا معهما فإنها لكما نافلة
Jami` at-Tirmidhi 219Sahih (Darussalam)
So the Prophet (peace and blessings be upon him) ordered them to pray with the people and not to separate without a prayer. How much more so for one who separates with a prayer?
Yes, regarding the rawatib, I tell you that I have considered what the Sunnah brought regarding voluntary prayers in the nafilah (voluntary prayer). It became clear to me that the rawatib of Zuhr, the rawatib of Maghrib, and the rawatib of 'Isha'—these three are not prayed. And whatever else there is of voluntary prayers, it is prayed. What is there of voluntary prayers other than these? The sunnah of Fajr, the sunnah of witr, the night prayer, the Dhuha prayer, the greeting of the mosque, and other voluntary prayers. The absolute nafilah is also prayed. But these three are the ones for which the Sunnah came with leaving them. Based on this, we say to the man who intends to stay in Makkah for ten days: do not pray these rawatib with the intention of rawatib. Pray an absolute nafilah without restricting it to the rawatib, because it is not prescribed for a traveler to pray these three rawatib. Yes.
Source دروس وفتاوى المسجد الحرام لعام 1408هـ - 11 — binothaimeen.net (1:20:07)

The Arabic text is a machine transcription of the audio recording.

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