The student completing the reason for which he inclined to the Shafi'i position on the duration of shortening prayer during travel for one who stays, and the Shaykh's discussion of it.
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The Shaykh : Yes?
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : How are you, our Shaykh?
The Shaykh : Praise be to Allah.
The questioner : The reasoning of al-Shafi'i to which I inclined, because Imam al-Shafi'i says: "The traveler is the one who strikes the earth, and the travel of the Messenger (peace and blessings be upon him) was of two types: either Hajj and 'Umrah, or leading jihad. As for jihad, one does not know when he will return. Anas says: 'We stayed nineteen days at Tabuk and we shortened the prayer. If we stayed nineteen days, we shortened; if we added more, we completed it' . Since one does not know when he will return, however long the duration, he shortens. And there is no travel in which one knows the duration of his stay except the travel for 'Umrah and Hajj, and the travel for Hajj is four days. So he says: If he stays four days, he knows the duration of his stay is four days, so he shortens for that and less. And if his stay is long, he spreads out for two months in a country like Egypt, or in Syria, so he completes the prayer from the moment he arrives." So what is your opinion of this? What about those who refuted him?
The Shaykh : May Allah have mercy on the question.
The questioner: Yes.
The Shaykh : May Allah have mercy on the question.
The questioner : Yes. Did he die and was he not healthy?
The Shaykh : We would be in a situation, in Syria they say: "We are having our teeth pulled, we are pulling molars."
The questioner: Hehehe.
The Shaykh : So you have now led us into a labyrinth, dividing travel into three categories.
The questioner: Yes.
The Shaykh : Jihad, Hajj, and 'Umrah!
The questioner: Yes.
The Shaykh : What is the benefit of this division, so that we tell you: it is not travel unless it is jihad, or Hajj, or 'Umrah? You will say first: one does not, so what is the benefit of this division?
The questioner : I said al-Shafi'i says.
The Shaykh : O Shaykh, what is the benefit of the division?! Why do we enter ourselves into a topic that may not need it, either it needs a long research, or it may not need to be researched at all, because you will agree with me: if the travel is for trade, there is no difference between this travel for trade, and travel for jihad, and travel for Hajj, and travel for 'Umrah, is that not so? You will say yes!
The questioner : I say that.
The Shaykh : You will say yes.
The questioner: Yes.
The Shaykh : Okay, so why this division, and we are not in this field, may Allah bless you?!
The questioner : I only told you: it is not I who am dividing, I only stated the perspective.
The Shaykh : O Shaykh, may Allah bless you, whether you were the one dividing by opinion, or you were transmitting the division, the question answers this and that: why this division and we are not concerned with it?! Rather, this division makes the listeners feel that the Shaykh does not see shortening except in these three types?! My brother, the one who does not want to see disturbing dreams, does not sleep between graves; the one who does not want people to understand him as holding a belief contrary to what he believes, does not enter into such a division, especially since he was not asked and not requested to make such a division. The whole topic is: what is the evidence that four days, if intended, he is a traveler?! Five, he is a resident?! One said: no, not five, six. One said: ten. What is the difference between this and that?! Your answer, may Allah bless you, was: this is the understanding of Imam al-Shafi'i, and that one says: this is the understanding of Ibn 'Abbas. Ibn 'Abbas says, as in "Sahih al-Bukhari," I do not remember exactly now, fifteen days or sixteen days, he is a traveler, otherwise after that.
The questioner : Anas: "We stayed nineteen days at Tabuk."
The Shaykh : Good, no, the hadith of Tabuk nineteen days is weak. We say: the hadith of Ibn 'Abbas that is in "Sahih al-Bukhari," the important thing is, the days do not concern us. Now what concerns us is the example that one of the Companions, for whom the Messenger (peace be upon him) prayed with his saying:Musannaf Ibn Abi Shaybah 29:588 said: these days are all of them, so he is a resident; if he did not exceed them, he is a traveler. Okay, where did this specification come from?! From the same source that brought the specification by Imam al-Shafi'i. So the question is: what is the evidence? Whereas if you say this is the opinion of Imam al-Shafi'i, and another says to you: this is the opinion of Imam Ibn 'Abbas, the interpreter of the Qur'an, the problem is not solved.
Yes.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : How are you, our Shaykh?
The Shaykh : Praise be to Allah.
The questioner : The reasoning of al-Shafi'i to which I inclined, because Imam al-Shafi'i says: "The traveler is the one who strikes the earth, and the travel of the Messenger (peace and blessings be upon him) was of two types: either Hajj and 'Umrah, or leading jihad. As for jihad, one does not know when he will return. Anas says: 'We stayed nineteen days at Tabuk and we shortened the prayer. If we stayed nineteen days, we shortened; if we added more, we completed it' . Since one does not know when he will return, however long the duration, he shortens. And there is no travel in which one knows the duration of his stay except the travel for 'Umrah and Hajj, and the travel for Hajj is four days. So he says: If he stays four days, he knows the duration of his stay is four days, so he shortens for that and less. And if his stay is long, he spreads out for two months in a country like Egypt, or in Syria, so he completes the prayer from the moment he arrives." So what is your opinion of this? What about those who refuted him?
The Shaykh : May Allah have mercy on the question.
The questioner: Yes.
The Shaykh : May Allah have mercy on the question.
The questioner : Yes. Did he die and was he not healthy?
The Shaykh : We would be in a situation, in Syria they say: "We are having our teeth pulled, we are pulling molars."
The questioner: Hehehe.
The Shaykh : So you have now led us into a labyrinth, dividing travel into three categories.
The questioner: Yes.
The Shaykh : Jihad, Hajj, and 'Umrah!
The questioner: Yes.
The Shaykh : What is the benefit of this division, so that we tell you: it is not travel unless it is jihad, or Hajj, or 'Umrah? You will say first: one does not, so what is the benefit of this division?
The questioner : I said al-Shafi'i says.
The Shaykh : O Shaykh, what is the benefit of the division?! Why do we enter ourselves into a topic that may not need it, either it needs a long research, or it may not need to be researched at all, because you will agree with me: if the travel is for trade, there is no difference between this travel for trade, and travel for jihad, and travel for Hajj, and travel for 'Umrah, is that not so? You will say yes!
The questioner : I say that.
The Shaykh : You will say yes.
The questioner: Yes.
The Shaykh : Okay, so why this division, and we are not in this field, may Allah bless you?!
The questioner : I only told you: it is not I who am dividing, I only stated the perspective.
The Shaykh : O Shaykh, may Allah bless you, whether you were the one dividing by opinion, or you were transmitting the division, the question answers this and that: why this division and we are not concerned with it?! Rather, this division makes the listeners feel that the Shaykh does not see shortening except in these three types?! My brother, the one who does not want to see disturbing dreams, does not sleep between graves; the one who does not want people to understand him as holding a belief contrary to what he believes, does not enter into such a division, especially since he was not asked and not requested to make such a division. The whole topic is: what is the evidence that four days, if intended, he is a traveler?! Five, he is a resident?! One said: no, not five, six. One said: ten. What is the difference between this and that?! Your answer, may Allah bless you, was: this is the understanding of Imam al-Shafi'i, and that one says: this is the understanding of Ibn 'Abbas. Ibn 'Abbas says, as in "Sahih al-Bukhari," I do not remember exactly now, fifteen days or sixteen days, he is a traveler, otherwise after that.
The questioner : Anas: "We stayed nineteen days at Tabuk."
The Shaykh : Good, no, the hadith of Tabuk nineteen days is weak. We say: the hadith of Ibn 'Abbas that is in "Sahih al-Bukhari," the important thing is, the days do not concern us. Now what concerns us is the example that one of the Companions, for whom the Messenger (peace be upon him) prayed with his saying:
O Allah, grant him understanding in the religion, and teach him interpretation
اللهمَّ فقِّهْه في الدِّينِ ، وعلِّمْه التأويلَYes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.