The Shaykh’s mention of Ibn Taymiyyah’s position on shortening the prayer during travel and determining the duration, along with his mention of the example given by the Shaykh al-Islam (may Allah have mercy on him)
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The Shaykh : Now, I think Ibn Taymiyyah gave this example; I just remembered it clearly. You know, Ibn Taymiyyah was a resident of Damascus!
The questioner: Yes.
The Shaykh : He gave the example of a man who went out hunting. He left the city for a village in the Ghouta, but he did not find the game he was looking for. He continued on his way to another village, and another, and another, until he reached Aleppo. There is no doubt that the distance between Damascus and Aleppo is a travel distance, as no two people would disagree on that. But is this man a traveler or a resident? He says: This is a resident. Yes, he covered a travel distance, but he did not intend to travel. This is one scenario. Another scenario: Two men leave a town for another town. One of them has two wives, and the other has no wife. The one who left and has a wife in the other town: if he stays there, he becomes a resident, while the other remains a traveler, unless he intends to stay. So what is the difference? The difference is that the married man, with his second wife, is considered a resident, and there is no difference between his second town and his first town. I say, from my perspective now: A man like my sons, for example, like my son Abdul Latif: There is no doubt that he came from Damascus here as a traveler, but since he stayed with his father, he is a resident. And I am the same; if I were to travel to my son’s house, I would be a resident there. Why? What does the jurist observe? He observes that he is in the state of a resident. So I say now: A man who travels to Egypt or any other country, honored and respected, might stay in a hotel better than his own home, and be served better than in his own home, and so on. Is this a traveler? He is more settled and at peace than in his own town, unless he truly did not intend to reside, and he intends to travel from one day to the next. This hesitation, as I mentioned earlier, is what you raised with us in your series of questions: The Salaf say: "Unless he intends to reside, then if he intends to reside, he is a resident." This is the precise juristic expression by which a person frees himself from difficulties. Ibn Abbas says: Such and such number of days. Imam al-Shafi'i says: Such and such number of days. All of this is derivation and independent legal reasoning, and there is room for disagreement there without obliging a person to adopt one over the other, but rather to adopt what his soul is at peace with and what opens his chest.
In summary – may Allah bless you – a person takes from the differing opinions what he wishes, but as a scholar exercising independent legal reasoning within the limits of his capacity. And if he does not have the capacity for independent legal reasoning, then at least he acts upon his saying (peace and blessings be upon him): This is my answer.
The questioner : The Messenger (peace and blessings be upon him), when he descended...
The Shaykh : Yes?
The questioner : When he descended at al-Abtah, did he not intend to reside until the eighth day?
The Shaykh : Did he not intend to reside?
The questioner : Until the eighth day.
The Shaykh : No, what makes us know that he intended to reside in the sense that he would stay and not leave? What makes us know? And reality testifies that he was leaving. We mean, or the Salaf mean, "intended to reside," meaning settling down. This is the one who performs Hajj and comes to Makkah or al-Madinah or Mina or 'Arafah; he settles for an hour of the day! But he did not intend to reside in that sense; that meaning is absolutely not applicable.
The questioner : I mean the one who travels to, for example, Egypt in a very comfortable hotel.
The Shaykh : I gave you an example.
The questioner : Four days, it is completed.
The Shaykh : I gave you an example.
The questioner : Three days, it is completed. One day, it is completed?
The Shaykh : Yes, there is no god but Allah.
The questioner : Welcome, the brother seems to have a request. We delayed you, but...
The Shaykh : From the sayings of the righteous Salaf, it is as if it is from the light of prophethood, indeed it is from the light of prophethood:Al-Adab Al-Mufrad 789 Here I pause for a moment!!
The questioner: Yes.
The Shaykh : He gave the example of a man who went out hunting. He left the city for a village in the Ghouta, but he did not find the game he was looking for. He continued on his way to another village, and another, and another, until he reached Aleppo. There is no doubt that the distance between Damascus and Aleppo is a travel distance, as no two people would disagree on that. But is this man a traveler or a resident? He says: This is a resident. Yes, he covered a travel distance, but he did not intend to travel. This is one scenario. Another scenario: Two men leave a town for another town. One of them has two wives, and the other has no wife. The one who left and has a wife in the other town: if he stays there, he becomes a resident, while the other remains a traveler, unless he intends to stay. So what is the difference? The difference is that the married man, with his second wife, is considered a resident, and there is no difference between his second town and his first town. I say, from my perspective now: A man like my sons, for example, like my son Abdul Latif: There is no doubt that he came from Damascus here as a traveler, but since he stayed with his father, he is a resident. And I am the same; if I were to travel to my son’s house, I would be a resident there. Why? What does the jurist observe? He observes that he is in the state of a resident. So I say now: A man who travels to Egypt or any other country, honored and respected, might stay in a hotel better than his own home, and be served better than in his own home, and so on. Is this a traveler? He is more settled and at peace than in his own town, unless he truly did not intend to reside, and he intends to travel from one day to the next. This hesitation, as I mentioned earlier, is what you raised with us in your series of questions: The Salaf say: "Unless he intends to reside, then if he intends to reside, he is a resident." This is the precise juristic expression by which a person frees himself from difficulties. Ibn Abbas says: Such and such number of days. Imam al-Shafi'i says: Such and such number of days. All of this is derivation and independent legal reasoning, and there is room for disagreement there without obliging a person to adopt one over the other, but rather to adopt what his soul is at peace with and what opens his chest.
In summary – may Allah bless you – a person takes from the differing opinions what he wishes, but as a scholar exercising independent legal reasoning within the limits of his capacity. And if he does not have the capacity for independent legal reasoning, then at least he acts upon his saying (peace and blessings be upon him):
Consult your heart, even if the scholars give you rulings
استفتِ قلبَك وإن أفتاك المفتونThe questioner : The Messenger (peace and blessings be upon him), when he descended...
The Shaykh : Yes?
The questioner : When he descended at al-Abtah, did he not intend to reside until the eighth day?
The Shaykh : Did he not intend to reside?
The questioner : Until the eighth day.
The Shaykh : No, what makes us know that he intended to reside in the sense that he would stay and not leave? What makes us know? And reality testifies that he was leaving. We mean, or the Salaf mean, "intended to reside," meaning settling down. This is the one who performs Hajj and comes to Makkah or al-Madinah or Mina or 'Arafah; he settles for an hour of the day! But he did not intend to reside in that sense; that meaning is absolutely not applicable.
The questioner : I mean the one who travels to, for example, Egypt in a very comfortable hotel.
The Shaykh : I gave you an example.
The questioner : Four days, it is completed.
The Shaykh : I gave you an example.
The questioner : Three days, it is completed. One day, it is completed?
The Shaykh : Yes, there is no god but Allah.
The questioner : Welcome, the brother seems to have a request. We delayed you, but...
The Shaykh : From the sayings of the righteous Salaf, it is as if it is from the light of prophethood, indeed it is from the light of prophethood:
You are living at a time when there are many men of understanding and few orators. There are few who ask
إنكم في زمان كثير فقهاؤه ، قليل خطباؤه ، قليل سؤّاله
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.