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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Residency, when limited by a task or a time period, places its holder under the ruling of a traveler

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If a person is residing in a city other than his own and intends to stay there for two years, and he has homes in both cities and returns to his original city during vacations, in which of the two cities does he take the ruling of a traveler?The Shaykh: Is he in the second city intending absolute residence, or is it a residence for a fixed duration?The questioner: In my opinion, it is for a fixed duration.

The Shaykh: If it is limited, he is a traveler. Any residency limited by a task or a time period is under the ruling of travel.Take this rule: A residency limited by a task is like when a person is assigned to a job on the condition that he will return as soon as he is done; he is a traveler even if he stays for ten years.For example: For example, a judge is assigned to a certain region and they say, "Go until we find a judge to take your place." He is a traveler even if he stays for ten years. This is limited by what? By a task, or by time? By a task.Residency limited by time, such as when it is said to a person: Or, "Go and study in this place for one or two years." This is also limited. There is no difference between being limited by a task or being limited by time. In both cases, he does not intend absolute residency or settling down, so he is a traveler.But some scholars say: If the one with a limited stay exceeds four days, the ruling of travel is lifted for him, and he must complete his prayers.And some of them say: Fifteen days.And some of them say: Nineteen days. However, these are all conflicting opinions, none of which is more deserving of acceptance than the others, and none of them has a correct, explicit evidence. Therefore, we return to the original principle, which is that travel is leaving one's homeland. So, whenever a person leaves it absolutely, without restriction, and intends absolute residency in the second country, the ruling of travel is lifted for him. And whenever he is restricted by time or a task, he is a traveler. This is what the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose in the fatwas, and he elaborated on it fully in the chapter on: The Friday Prayer, from the Majmu' al-Fatawa compiled by Ibn Qasim.
Source shamela.ws

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

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