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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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An explanation of the texts that specify a distance, and an explanation of the scholars' view on this matter.

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The Shaykh : When we studied this issue from the depths of the fiqh and hadith books, we did not find a hadith that can restrict the generality found in the Book in the two previous verses regarding travel. The only thing mentioned by those who restrict it is a hadith narrated by Imam Muslim in his Sahih, from the hadith of Anas ibn Malik (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him), when he traveled three farsakh or three miles—so the doubt was reported—would shorten the prayer (peace and blessings be upon him).
So some scholars said: This distance is the distance of travel in which shortening is permissible, and above it. And they said that below that, it is not permissible; because the hadith says: He used to shorten when he traveled this distance, which is three farsakh or three miles.
But it was answered regarding this hadith that it does not negate the permissibility of shortening in a journey that is less than this distance which the Messenger (peace be upon him) traveled and shortened in. In other words, this hadith is a text regarding the permissibility of shortening in a journey whose distance is three farsakh or three miles, but it is not a text regarding the impermissibility of shortening in less than this distance. Because the Companion is speaking about what he witnessed and saw. He saw the Messenger (peace and blessings be upon him) shortening in such a distance, but he did not know that the Messenger (peace be upon him) shortened in less than this distance. So we take the explicit wording of the hadith and do not take its implication; because this implication did not come from the Messenger (peace and blessings be upon him), who, when he spoke, comprehended and encompassed the subject from all angles. The Companion is not like that; because he is speaking about something he witnessed. And it is impossible for any Companion to say that I traveled with the Messenger where He traveled, and I traveled with the Messenger where He traveled, and that He counted every journey He made with him, so it became clear to him that below this distance He did not shorten, and what was in it or more than it He did shorten. This is impossible for any person. Therefore, we can argue with the explicit wording of this hadith; that is: the explicit mention of the three, not the implication which is below the three.
This is the hadith that some of those who restrict the travel that permits shortening and breaking the fast in Ramadan can hold onto. And yet, the following applies to it: Travel is not such that one who leaves his town and sets out walking becomes a traveler merely by crossing this distance or more. It is necessary that other things be present in the person who left and crossed this distance, so that in their totality he becomes a traveler upon whom the rulings of travel are established. The first of these, and this is a very self-evident matter, is that this person who crossed this distance must have intended to travel. And this is clear; because
Actions are only by intentions إنما الأعمال بالنيات
. So a man who went out for a stroll—for example—and crossed a distance of three farsakh; this is not said to be a traveler. Why? Because he did not intend to travel. And the distance may be longer and longer than what he intended to travel. So, if a person crosses this distance, it is added to other things, the first of which is that he intends to travel with it. So it is not taken that a person who merely left his town and crossed this distance became a traveler. It is necessary to note in that that he intended to travel. Then, in many cases—and I think every one of us notices this—one goes out and crosses a distance more than that, going out to attend to a matter in a town near him, and returns after finishing it in an hour or less. And yet, we cannot say that he traveled.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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