Ruling on shortening the prayer for one who intends to stay for more than a month
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A man intends to stay for more than a month. Does he shorten the prayer or complete it? Does he pray the regular voluntary prayers (rawatib) or not?
If a person settles in a town for a specific purpose, and returns to his home once that purpose is fulfilled, he is a traveler, even if he stays for ten years; because he did not intend to reside there, and it makes no difference whether he knows that this purpose will end after a certain period or not.For example: A sick person who comes to a town for treatment, and he knows that his treatment will not be completed in one day, two days, one month, or two months, should he shorten the prayer or not? He should shorten it.
Another person comes to the town for study. The sick person might be cured before the estimated period, but this person comes for study and knows that he cannot leave the town before the study is completed in four years, but after the study is completed, he returns to his home.And he says in the depths of his heart: If they give me the degree after ten days, I will return. So, he has not made this place his decision or his home, so he may shorten the prayer. This is a great and major issue, and there is a great disagreement among the scholars, with more than twenty opinions.And Allah the Exalted said: [Al-Nisa: 59] And if we return to the Book of Allah, we will not find a specification of a period at all. [Al-Nisa: 101] The one who travels on the earth may have a long period or a short one. [Al-Muzzammil: 20] Others are merchants. If a merchant settles in a town, does he know that it will end in two or three days, or perhaps he knows that it will not end except for a month? He is like that; he does not know that it will end except for a month, so he is one who travels on the earth.
Did the Messenger (peace and blessings be upon him) ever say to the Ummah: Whoever among you intends to stay for more than four days, or five days, or fifteen days, or nineteen days, let him complete the prayer? No.
This Sunnah is before us, and he did not say that. Rather, he (peace and blessings be upon him) stayed for varying periods: How long did he stay in Makkah? In the Farewell Pilgrimage, how long? He entered Makkah on the fourth day and left it on the morning of the fourteenth. How long did he stay? Ten days.Therefore, Anas ibn Malik was asked: (How long did the Prophet (peace and blessings be upon him) stay in Makkah in the Farewell Pilgrimage?He said: We stayed there for ten days) How long did he stay in the Year of the Conquest? Nineteen days. He stayed in Tabuk for twenty days.And he did not say to the people: Whoever stays this period should shorten, and whoever exceeds it should complete? No, he (peace and blessings be upon him) entered Makkah on the fourth day and continued to shorten the prayer until he returned to Madinah.Did he say to the people: Whoever enters before the fourth day should complete? Absolutely not, he did not say that, and he (may Allah’s prayers and peace be upon him) knew that the pilgrims enter before the fourth day.Allah the Exalted said: [Al-Baqarah: 197] When do the months begin? From Shawwal—from the Festival of Breaking the Fast— So he (peace and blessings be upon him) knew that people enter before the fourth day and did not say to the pilgrims: Whoever among you enters before the fourth day should complete the prayer. The original ruling is the continuation of the state of travel, and that a thing remains as it was until clear evidence arises that the ruling has ceased. The Shaykh al-Islam (may Allah have mercy on him) spoke well about this issue in the Fatawa, in the chapter on the Friday prayer, and clarified that the opinion that it is limited by days has no evidence.
And I say: The evidence is against this; because if the period were limited to four days, the Messenger (peace and blessings be upon him) would have said when he entered Makkah: Whoever among you enters before the fourth day must complete the prayer.
The important point: If a person comes to a town seeking knowledge, trade, or visiting a relative, he is a traveler, and even if the period is long, he may avail himself of all the dispensations of travel.
If a person settles in a town for a specific purpose, and returns to his home once that purpose is fulfilled, he is a traveler, even if he stays for ten years; because he did not intend to reside there, and it makes no difference whether he knows that this purpose will end after a certain period or not.For example: A sick person who comes to a town for treatment, and he knows that his treatment will not be completed in one day, two days, one month, or two months, should he shorten the prayer or not? He should shorten it.
Another person comes to the town for study. The sick person might be cured before the estimated period, but this person comes for study and knows that he cannot leave the town before the study is completed in four years, but after the study is completed, he returns to his home.And he says in the depths of his heart: If they give me the degree after ten days, I will return. So, he has not made this place his decision or his home, so he may shorten the prayer. This is a great and major issue, and there is a great disagreement among the scholars, with more than twenty opinions.And Allah the Exalted said:
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلاًAnd when you travel throughout the land, there is no blame upon you for shortening the prayer
وَإِذَا ضَرَبْتُمْ فِي الْأَرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَنْ تَقْصُرُوا مِنَ الصَّلاةِothers traveling throughout the land seeking [something] of the bounty of Allah
وَآخَرُونَ يَضْرِبُونَ فِي الْأَرْضِ يَبْتَغُونَ مِنْ فَضْلِ اللَّهِDid the Messenger (peace and blessings be upon him) ever say to the Ummah: Whoever among you intends to stay for more than four days, or five days, or fifteen days, or nineteen days, let him complete the prayer? No.
This Sunnah is before us, and he did not say that. Rather, he (peace and blessings be upon him) stayed for varying periods: How long did he stay in Makkah? In the Farewell Pilgrimage, how long? He entered Makkah on the fourth day and left it on the morning of the fourteenth. How long did he stay? Ten days.Therefore, Anas ibn Malik was asked: (How long did the Prophet (peace and blessings be upon him) stay in Makkah in the Farewell Pilgrimage?He said: We stayed there for ten days) How long did he stay in the Year of the Conquest? Nineteen days. He stayed in Tabuk for twenty days.And he did not say to the people: Whoever stays this period should shorten, and whoever exceeds it should complete? No, he (peace and blessings be upon him) entered Makkah on the fourth day and continued to shorten the prayer until he returned to Madinah.Did he say to the people: Whoever enters before the fourth day should complete? Absolutely not, he did not say that, and he (may Allah’s prayers and peace be upon him) knew that the pilgrims enter before the fourth day.Allah the Exalted said:
Hajj is [during] well-known months
الْحَجُّ أَشْهُرٌ مَعْلُومَاتٌAnd I say: The evidence is against this; because if the period were limited to four days, the Messenger (peace and blessings be upon him) would have said when he entered Makkah: Whoever among you enters before the fourth day must complete the prayer.
The important point: If a person comes to a town seeking knowledge, trade, or visiting a relative, he is a traveler, and even if the period is long, he may avail himself of all the dispensations of travel.