Completing the discussion regarding the evidence by which al-Shafi'i and Ibn 'Abbas determined the days of residence for a traveler who stays.
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The Shaykh: Yes.
The questioner: If the opinion is justified by the action of the Messenger (peace and blessings be upon him) and the linguistic meaning in the Arabic language.
The Shaykh: The linguistic meaning, why?
The questioner: The traveler is called one who strikes the earth.
The Shaykh: The linguistic meaning of which word?
The questioner: The word "safir" (traveler).
The Shaykh: "Safir" (traveler).
The questioner: Ah, the traveler, yes.
The Shaykh: So, does one who travels for three days not be called a traveler? Does one who travels for a day not be called a traveler?! Slow down, Professor.
The questioner: Fine, bring us what you have now; this is what I have.
The Shaykh: I have nothing other than the opinion of Ibn Taymiyyah (may Allah have mercy on him).
The questioner: What is it?
The Shaykh: Travel is not defined.
The questioner: It is not defined!
The Shaykh: Rather, it is defined by custom, by the situation of the traveler. That is why I said earlier that Ibn Taymiyyah says: however long he stays, he is a traveler, as long as he has left his town. I said: No, that is not what he says. Rather, however long he stays, if he is hesitating, and has not intended to reside, as we said earlier and as happens today: for example, a person from Jordan, or from Saudi Arabia, or from Egypt travels to a country to seek knowledge, regardless of the type of this knowledge, and stays for four years or stays for eight years, and says: I am a traveler. How are you a traveler? You intended to reside for four years or eight years of study, on one hand. On the other hand, you are completely at ease in this new home of yours, and in your new country, with complete peace of mind. How are you a traveler? No, you are a resident, and you intended to reside, and actions are by intentions. As for the one who is hesitating, he has not intended to reside. Therefore, in some expressions of the Salaf: "If one intends to reside, he is a resident."
The questioner: I intended to reside for a month.
The Shaykh: If one intends to reside, he is a resident.
The questioner: I intended to reside for a month, am I called a resident?
The Shaykh : Yes, of course.
The questioner: Ten days?
The Shaykh: Say what you wish.
The questioner: Four days?
The Shaykh: Say what you wish.
The questioner: So, when does a person not intend to reside?
The Shaykh: Actions are by intentions.
The questioner: Four days exactly?
The Shaykh: Yes.
The questioner: Complete the prayer?
The Shaykh: Yes, exactly. Why is all this said?! Because there is no text that specifies it this way or that way, so the issue remains dependent, first, on general texts, and then on the general principle:Sahih al-Bukhari 1.
The questioner: If the opinion is justified by the action of the Messenger (peace and blessings be upon him) and the linguistic meaning in the Arabic language.
The Shaykh: The linguistic meaning, why?
The questioner: The traveler is called one who strikes the earth.
The Shaykh: The linguistic meaning of which word?
The questioner: The word "safir" (traveler).
The Shaykh: "Safir" (traveler).
The questioner: Ah, the traveler, yes.
The Shaykh: So, does one who travels for three days not be called a traveler? Does one who travels for a day not be called a traveler?! Slow down, Professor.
The questioner: Fine, bring us what you have now; this is what I have.
The Shaykh: I have nothing other than the opinion of Ibn Taymiyyah (may Allah have mercy on him).
The questioner: What is it?
The Shaykh: Travel is not defined.
The questioner: It is not defined!
The Shaykh: Rather, it is defined by custom, by the situation of the traveler. That is why I said earlier that Ibn Taymiyyah says: however long he stays, he is a traveler, as long as he has left his town. I said: No, that is not what he says. Rather, however long he stays, if he is hesitating, and has not intended to reside, as we said earlier and as happens today: for example, a person from Jordan, or from Saudi Arabia, or from Egypt travels to a country to seek knowledge, regardless of the type of this knowledge, and stays for four years or stays for eight years, and says: I am a traveler. How are you a traveler? You intended to reside for four years or eight years of study, on one hand. On the other hand, you are completely at ease in this new home of yours, and in your new country, with complete peace of mind. How are you a traveler? No, you are a resident, and you intended to reside, and actions are by intentions. As for the one who is hesitating, he has not intended to reside. Therefore, in some expressions of the Salaf: "If one intends to reside, he is a resident."
The questioner: I intended to reside for a month.
The Shaykh: If one intends to reside, he is a resident.
The questioner: I intended to reside for a month, am I called a resident?
The Shaykh : Yes, of course.
The questioner: Ten days?
The Shaykh: Say what you wish.
The questioner: Four days?
The Shaykh: Say what you wish.
The questioner: So, when does a person not intend to reside?
The Shaykh: Actions are by intentions.
The questioner: Four days exactly?
The Shaykh: Yes.
The questioner: Complete the prayer?
The Shaykh: Yes, exactly. Why is all this said?! Because there is no text that specifies it this way or that way, so the issue remains dependent, first, on general texts, and then on the general principle:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنَّما الأعمال بالنيات ، وإنَّما لكلِّ امرئٍ ما نوى
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.