If we are a group and we go out to a specific place, some of us consider it a journey and others do not
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The questioner: ... ... the 'Asr prayer, for example, is four [rak'ahs]... do you shorten it with them?
The Shaykh: I mean, assume I am a resident?
Another questioner: No, you are with a group. I am explaining to the Shaykh right now, meaning we went out as a group...
The Shaykh : ... .
Another questioner: The Shaykh answered it implicitly, but let me ask the question a second time so that...
The Shaykh : *Al-Tawdih*.
Another questioner: But there is a clarification on the tape that shows the Shaykh's opinion on this.
The Shaykh: Yes.
Another questioner: If we go out now as a group to a certain place, and we all depart from the same point, our intention should be one.
The Shaykh: Of course.
Another questioner: Because it is one journey or something like that, but some of us see that the law obligates shortening because he is a traveler, and some of us see that this is not a journey but rather a leisure trip and a break.
The Shaykh: Perfect.
Another questioner: Then we come to prayer; how should we pray? If, for example, one of us who sees shortening steps forward as imam; what is the position of the one who disagrees with his opinion behind him, or the reverse?
The Shaykh: If the imam who is praying prays four [rak'ahs] because he considers himself a resident, and those behind him see the opposite of his opinion, that they are travelers; then they pray the imam's prayer, meaning four [rak'ahs]. And if it is the reverse, meaning the imam is a traveler and prays two [rak'ahs], and those behind him consider themselves in the ruling of residents, then when he says the taslim, he says it at the end of the two [rak'ahs]. And if he knows their opinion, he tells them: "Complete your prayer, for we are a traveling people," so they pray four [rak'ahs].
Another questioner: Okay; what if he follows? In the sense of following the imam and differing from his school of thought?
The Shaykh: Who is following?
Another questioner: I mean, I, for example, see completing the prayer; let us assume, then I saw...
The Shaykh : Were you the imam?
Another questioner: No, I am a ma'mum (one praying behind the imam).
The Shaykh : A follower?
Another questioner: Yes.
The Shaykh: All right.
Another questioner: And a person who sees shortening led us; does it mean it is permissible for me to follow him and give up my school of thought and my independent legal reasoning?
The Shaykh: No, because here there is no independent legal reasoning in the place of an explicit text.
= -- ... -- =
Regarding the previous question, if the imam is a traveler and those behind him are residents, or some of them are residents, and if the imam says the taslim at the end of two [rak'ahs] on the assumption that he is a traveler as we mentioned; what do the residents behind him do? Do they say the taslim with him by analogy to the reverse case, which is if the imam is a resident and those behind him are travelers; do they say the taslim at the end of two [rak'ahs] or do they follow the imam?
In this issue, they follow the imam. As for the issue we are currently addressing, to which the last question was directed; the correct ruling is the exact opposite; meaning: those who pray behind the resident imam, when the imam says the taslim, they stand up and complete their prayer on the assumption that they are residents. And because the established Sunnah is explicit in what we are saying. You know, for example, that among the etiquettes and Sunnahs of the traveling imam when he leads residents, it is obligatory for him to shorten, and he does not pray their prayer. But to alert those who may be behind him from the residents who are unaware, to alert those who may be behind him who are unaware, when he says the taslim to his right and quietly—because exiting the prayer with the salam is an obligatory part of the prayer, so he says it quietly—then he raises his voice to say to the residents behind him: "Complete your prayer; for we are a traveling people." This was the practice during the time of the Companions (may Allah be pleased with them). And this is an example from hundreds, indeed thousands, of examples of our recent discussion that we are with the Book and the Sunnah and what the righteous Salaf were upon. If we asked any person who does not consider this condition we are going around about, the righteous Salaf, what does this traveling imam do? Does he say "Peace be upon you and Allah's mercy" at the end of two [rak'ahs] and that is the end of it? We say: No, rather he says as it is authentic from 'Umar ibn al-Khattab that when he performed Hajj during his caliphate and led the people there in the Sacred House, he prayed two [rak'ahs] and said: "Complete your prayer; for we are a traveling people."
And I say: 'Umar, and I do not say: the Prophet of 'Umar; in response to the principle I set for myself, following the leaders of the Muslims who do not permit using as evidence what is not authentic from the hadith. So it is authentic from 'Umar ibn al-Khattab what I mentioned. And it was narrated from the Prophet (peace and blessings be upon him) from the hadith of 'Imran ibn Husayn that the Prophet (peace and blessings be upon him) in the expedition of Tabuk, when he prayed there with the people—and among them were naturally many residents around Tabuk—said also: "Complete your prayer; for we are a traveling people." But this hadith has the same defect mentioned previously in the hadith that the Messenger stayed in Tabuk for twenty days shortening the prayer, "Ali ibn Zayd ibn Jad'an," and it is weak in its chain. Therefore, I dispensed with using as evidence the hadith traced to the Messenger (peace and blessings be upon him) due to the weakness of its chain, and I resorted to using as evidence the report of 'Umar ibn al-Khattab due to the authenticity of its chain. And there is no doubt that such an action comes from 'Umar in the largest gathering that can be imagined, which is the Sacred Mosque and in the season of the greatest Hajj; there is no doubt that such a thing is in the ruling of the Sunnah traced to the Prophet (peace and blessings be upon him) and is not an independent legal reasoning that came from him. Even if it were an independent legal reasoning that came from him, as long as the Companions who were behind him and the Tabi'un also approved it. Therefore, the resident who follows the traveler does not follow the traveler in shortening for what we have mentioned, and for another thing which is a very large witness to this hadith of 'Umar, indeed to the weak hadith of 'Imran ibn Husayn; it came in "Sahih Muslim" that a man asked Abdullah ibn Abbas (may Allah be pleased with them both) about the man from a distant place who comes to Mecca and prays behind the resident imam. He said: "The one who prays behind the resident imam prays with his prayer, and otherwise he prays shortened." Then he followed that with his saying: "The Sunnah of Abu al-Qasim (peace and blessings be upon him)."
This is a hadith in "Sahih Muslim," and unfortunately, some of those who today claim to work with the hadith have gotten involved and authored a paper in which he clarifies that the traveler is not permitted to complete the prayer even if he prays behind a resident, and that he must limit himself when the imam prays two [rak'ahs]; so he does not stand with him for the third, and he says the taslim to his right and to his left; because what is obligatory for him is two [rak'ahs].
The evidence these people resorted to is evidence by generalities. The prayer of the traveler is two [rak'ahs], the Sunnah of the Prophet; this is correct speech. But this is evidence by the general text, and something has come to specify it. So it is not permissible, in this case, to remain with the general text and turn away from the specific text. For this reason, I say: the resident, if he follows a traveler, must complete the prayer. As for the traveler, if he follows a resident, he must also follow the imam and not shorten, except if he prays as imam or prays alone. And this is sufficient, and praise be to Allah, Lord of the worlds.
Another questioner: You have done well, and may Allah reward you with good.
The Shaykh : ... .
The Shaykh: I mean, assume I am a resident?
Another questioner: No, you are with a group. I am explaining to the Shaykh right now, meaning we went out as a group...
The Shaykh : ... .
Another questioner: The Shaykh answered it implicitly, but let me ask the question a second time so that...
The Shaykh : *Al-Tawdih*.
Another questioner: But there is a clarification on the tape that shows the Shaykh's opinion on this.
The Shaykh: Yes.
Another questioner: If we go out now as a group to a certain place, and we all depart from the same point, our intention should be one.
The Shaykh: Of course.
Another questioner: Because it is one journey or something like that, but some of us see that the law obligates shortening because he is a traveler, and some of us see that this is not a journey but rather a leisure trip and a break.
The Shaykh: Perfect.
Another questioner: Then we come to prayer; how should we pray? If, for example, one of us who sees shortening steps forward as imam; what is the position of the one who disagrees with his opinion behind him, or the reverse?
The Shaykh: If the imam who is praying prays four [rak'ahs] because he considers himself a resident, and those behind him see the opposite of his opinion, that they are travelers; then they pray the imam's prayer, meaning four [rak'ahs]. And if it is the reverse, meaning the imam is a traveler and prays two [rak'ahs], and those behind him consider themselves in the ruling of residents, then when he says the taslim, he says it at the end of the two [rak'ahs]. And if he knows their opinion, he tells them: "Complete your prayer, for we are a traveling people," so they pray four [rak'ahs].
Another questioner: Okay; what if he follows? In the sense of following the imam and differing from his school of thought?
The Shaykh: Who is following?
Another questioner: I mean, I, for example, see completing the prayer; let us assume, then I saw...
The Shaykh : Were you the imam?
Another questioner: No, I am a ma'mum (one praying behind the imam).
The Shaykh : A follower?
Another questioner: Yes.
The Shaykh: All right.
Another questioner: And a person who sees shortening led us; does it mean it is permissible for me to follow him and give up my school of thought and my independent legal reasoning?
The Shaykh: No, because here there is no independent legal reasoning in the place of an explicit text.
= -- ... -- =
Regarding the previous question, if the imam is a traveler and those behind him are residents, or some of them are residents, and if the imam says the taslim at the end of two [rak'ahs] on the assumption that he is a traveler as we mentioned; what do the residents behind him do? Do they say the taslim with him by analogy to the reverse case, which is if the imam is a resident and those behind him are travelers; do they say the taslim at the end of two [rak'ahs] or do they follow the imam?
In this issue, they follow the imam. As for the issue we are currently addressing, to which the last question was directed; the correct ruling is the exact opposite; meaning: those who pray behind the resident imam, when the imam says the taslim, they stand up and complete their prayer on the assumption that they are residents. And because the established Sunnah is explicit in what we are saying. You know, for example, that among the etiquettes and Sunnahs of the traveling imam when he leads residents, it is obligatory for him to shorten, and he does not pray their prayer. But to alert those who may be behind him from the residents who are unaware, to alert those who may be behind him who are unaware, when he says the taslim to his right and quietly—because exiting the prayer with the salam is an obligatory part of the prayer, so he says it quietly—then he raises his voice to say to the residents behind him: "Complete your prayer; for we are a traveling people." This was the practice during the time of the Companions (may Allah be pleased with them). And this is an example from hundreds, indeed thousands, of examples of our recent discussion that we are with the Book and the Sunnah and what the righteous Salaf were upon. If we asked any person who does not consider this condition we are going around about, the righteous Salaf, what does this traveling imam do? Does he say "Peace be upon you and Allah's mercy" at the end of two [rak'ahs] and that is the end of it? We say: No, rather he says as it is authentic from 'Umar ibn al-Khattab that when he performed Hajj during his caliphate and led the people there in the Sacred House, he prayed two [rak'ahs] and said: "Complete your prayer; for we are a traveling people."
And I say: 'Umar, and I do not say: the Prophet of 'Umar; in response to the principle I set for myself, following the leaders of the Muslims who do not permit using as evidence what is not authentic from the hadith. So it is authentic from 'Umar ibn al-Khattab what I mentioned. And it was narrated from the Prophet (peace and blessings be upon him) from the hadith of 'Imran ibn Husayn that the Prophet (peace and blessings be upon him) in the expedition of Tabuk, when he prayed there with the people—and among them were naturally many residents around Tabuk—said also: "Complete your prayer; for we are a traveling people." But this hadith has the same defect mentioned previously in the hadith that the Messenger stayed in Tabuk for twenty days shortening the prayer, "Ali ibn Zayd ibn Jad'an," and it is weak in its chain. Therefore, I dispensed with using as evidence the hadith traced to the Messenger (peace and blessings be upon him) due to the weakness of its chain, and I resorted to using as evidence the report of 'Umar ibn al-Khattab due to the authenticity of its chain. And there is no doubt that such an action comes from 'Umar in the largest gathering that can be imagined, which is the Sacred Mosque and in the season of the greatest Hajj; there is no doubt that such a thing is in the ruling of the Sunnah traced to the Prophet (peace and blessings be upon him) and is not an independent legal reasoning that came from him. Even if it were an independent legal reasoning that came from him, as long as the Companions who were behind him and the Tabi'un also approved it. Therefore, the resident who follows the traveler does not follow the traveler in shortening for what we have mentioned, and for another thing which is a very large witness to this hadith of 'Umar, indeed to the weak hadith of 'Imran ibn Husayn; it came in "Sahih Muslim" that a man asked Abdullah ibn Abbas (may Allah be pleased with them both) about the man from a distant place who comes to Mecca and prays behind the resident imam. He said: "The one who prays behind the resident imam prays with his prayer, and otherwise he prays shortened." Then he followed that with his saying: "The Sunnah of Abu al-Qasim (peace and blessings be upon him)."
This is a hadith in "Sahih Muslim," and unfortunately, some of those who today claim to work with the hadith have gotten involved and authored a paper in which he clarifies that the traveler is not permitted to complete the prayer even if he prays behind a resident, and that he must limit himself when the imam prays two [rak'ahs]; so he does not stand with him for the third, and he says the taslim to his right and to his left; because what is obligatory for him is two [rak'ahs].
The evidence these people resorted to is evidence by generalities. The prayer of the traveler is two [rak'ahs], the Sunnah of the Prophet; this is correct speech. But this is evidence by the general text, and something has come to specify it. So it is not permissible, in this case, to remain with the general text and turn away from the specific text. For this reason, I say: the resident, if he follows a traveler, must complete the prayer. As for the traveler, if he follows a resident, he must also follow the imam and not shorten, except if he prays as imam or prays alone. And this is sufficient, and praise be to Allah, Lord of the worlds.
Another questioner: You have done well, and may Allah reward you with good.
The Shaykh : ... .
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.