The student's discussion regarding the issue of a traveler's stay, when he is permitted to shorten the prayer, and similar matters
Machine translationRead the Arabic original
The questioner : I say: Initially, I lean toward the position of al-Shafi'i (may Allah have mercy on him).
The Shaykh : You used to lean toward the position of al-Shafi'i. What does he say?
The questioner : If his stay is known, a known, limited stay. For example, a traveler to a place for three or four days, he completes the prayer. A traveler to Adana who stays for a month, he has bought the ticket and booked a hotel for a month, he completes the prayer. If it is four days, he shortens; if it is more, he completes.
The Shaykh: Yes.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah. Yes!
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : So, if my stay is four days or less, I shorten the prayer, knowing it. But if I do not know it, if Allah wills, for years as you say, if it is more than four days, I complete the prayer.
The Shaykh : What is the difference between this position and the position you narrated from Ibn al-Qayyim and his refutation of it? (Peace be upon you).
The questioner : He, Ibn al-Qayyim, refutes it. He says: As long as a person travels to a place other than his own, no matter how long he stays.
The Shaykh : I asked you, repeat his words to me?! I am telling you: What is the difference between this and that?
The questioner : He refutes the position that says.
The Shaykh : I am not asking you, may Allah reward you, what he says!
The questioner: Yes.
The Shaykh : I am telling you: What is the difference between this which you have adopted and that which you narrated from Ibn al-Qayyim, disapproving of it?! In other words: Where did you get the four days from? Not five days, not three days. Where from?
The questioner : I got it?
The Shaykh : Are you not saying: You adopt the school of Imam al-Shafi'i.
The questioner: Yes.
The Shaykh : Okay, where did you or he get the four days from? Not five, four days not three. Where did you get it from?!
The questioner : Four days or less, he says: Because a person is not called a traveler.
The Shaykh : O Shaykh, may Allah guide you, answer the question, do not repeat my words.
The questioner : I do not understand the question!
The Shaykh : How?
The questioner : I do not understand the question.
The Shaykh : Say: I do not understand, do not speak.
The questioner: All right.
The Shaykh : May Allah reward you with good. You are saying: Quoting from Imam al-Shafi'i, if one intends to stay for four days.
The questioner : And less than that.
The Shaykh : And less than that: He is not a resident, more.
The questioner : He is a resident.
The Shaykh : He is a resident?
The questioner: Yes.
The Shaykh : Okay, this specific limit, I say: Where did you get it from?! Is it not permissible for a person to increase or decrease? Say: Yes, say: Yes, whatever you wish?
The questioner: Yes.
The Shaykh : Okay, where did you get this specific limit from?
The questioner : From al-Shafi'i's understanding.
The Shaykh : Where did al-Shafi'i get it from?
The questioner : Yes, I am telling you, he says: Therefore, I am telling you where he got it from, his understanding!
The Shaykh : And I am listening to you, I am listening with all my attention.
The questioner[An-Nisa 4:101] So the ruling for a person in his travel while he is traveling on the earth.
The Shaykh : How?
The questioner[An-Nisa 4:101], the traveler who is walking, if he stops, he is not called a traveler. If you stay in a hotel for two or three days, what is he called? He is called a resident in the hotel for two or three days.
The Shaykh : This has no relation to specifying the number of days; he may stay in the hotel for less or more.
The questioner: Yes.
The Shaykh : And he may not stay in the hotel for less or more.
The questioner: Yes.
The Shaykh : So the issue has no relation to the house; the issue has relation to specifying the number of days, is that not so?
The questioner : Specifying the number of days is either by speech or by action.
The Shaykh : How?
The questioner : By speech or by action.
The Shaykh : I did not understand.
The questioner : Specifying the number of days; the action of the Messenger (peace and blessings be upon him) specifies and clarifies.
The Shaykh : Our discussion now has no relation to the place of lodging, whether it is a house, whether it is a hotel, whether it is a desert; it has relation to the days.
The questioner: Yes.
The Shaykh : One person stopped in the desert, in the open, one person stopped in a hotel.
The questioner : It does not matter.
The Shaykh : This is it, and therefore do not open the topic of the hotel, because he will say to you: And in the desert? You just said: It does not matter them. So the issue has relation to specifying the number of days, and not to specifying the place. Is it clear up to here?
The questioner : Is it clear up to here.
The Shaykh : Okay, may Allah reward you with good, now I will finish the speech, and it is the answer to my previous question. If one increases beyond the days or decreases, what is the difference between him and Imam al-Shafi'i, whom you say: This is the understanding of Imam al-Shafi'i?!
The questioner: Yes.
The Shaykh : And that one says to you: That is the understanding of Ibn Abbas (may Allah be pleased with him). No, the problem does not end by resorting to the statement: This is so-and-so's understanding and this is so-and-so's understanding. The problem does not end.
The questioner : I said: I used to lean toward this understanding.
The Shaykh : Yes?
The questioner : I lean toward this understanding.
The Shaykh : It is fine, he responds to you: Why do you lean toward this and not that? It is fine?
The questioner : For al-Shafi'i's (may Allah have mercy on him) reasoning. He says: "The Messenger did not travel except for travel of jihad or travel of Hajj or Umrah, and the original word 'traveler' is applied to one who travels on the earth. So the one who traveled for jihad does not know the duration of his return, so however long his duration is, and he does not know when he will return, this one shortens."
The Shaykh : You used to lean toward the position of al-Shafi'i. What does he say?
The questioner : If his stay is known, a known, limited stay. For example, a traveler to a place for three or four days, he completes the prayer. A traveler to Adana who stays for a month, he has bought the ticket and booked a hotel for a month, he completes the prayer. If it is four days, he shortens; if it is more, he completes.
The Shaykh: Yes.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah. Yes!
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : So, if my stay is four days or less, I shorten the prayer, knowing it. But if I do not know it, if Allah wills, for years as you say, if it is more than four days, I complete the prayer.
The Shaykh : What is the difference between this position and the position you narrated from Ibn al-Qayyim and his refutation of it? (Peace be upon you).
The questioner : He, Ibn al-Qayyim, refutes it. He says: As long as a person travels to a place other than his own, no matter how long he stays.
The Shaykh : I asked you, repeat his words to me?! I am telling you: What is the difference between this and that?
The questioner : He refutes the position that says.
The Shaykh : I am not asking you, may Allah reward you, what he says!
The questioner: Yes.
The Shaykh : I am telling you: What is the difference between this which you have adopted and that which you narrated from Ibn al-Qayyim, disapproving of it?! In other words: Where did you get the four days from? Not five days, not three days. Where from?
The questioner : I got it?
The Shaykh : Are you not saying: You adopt the school of Imam al-Shafi'i.
The questioner: Yes.
The Shaykh : Okay, where did you or he get the four days from? Not five, four days not three. Where did you get it from?!
The questioner : Four days or less, he says: Because a person is not called a traveler.
The Shaykh : O Shaykh, may Allah guide you, answer the question, do not repeat my words.
The questioner : I do not understand the question!
The Shaykh : How?
The questioner : I do not understand the question.
The Shaykh : Say: I do not understand, do not speak.
The questioner: All right.
The Shaykh : May Allah reward you with good. You are saying: Quoting from Imam al-Shafi'i, if one intends to stay for four days.
The questioner : And less than that.
The Shaykh : And less than that: He is not a resident, more.
The questioner : He is a resident.
The Shaykh : He is a resident?
The questioner: Yes.
The Shaykh : Okay, this specific limit, I say: Where did you get it from?! Is it not permissible for a person to increase or decrease? Say: Yes, say: Yes, whatever you wish?
The questioner: Yes.
The Shaykh : Okay, where did you get this specific limit from?
The questioner : From al-Shafi'i's understanding.
The Shaykh : Where did al-Shafi'i get it from?
The questioner : Yes, I am telling you, he says: Therefore, I am telling you where he got it from, his understanding!
The Shaykh : And I am listening to you, I am listening with all my attention.
The questioner
And when you travel throughout the land
وَإِذَا ضَرَبْتُمْ فِي الْأَرْضِThe Shaykh : How?
The questioner
And when you travel throughout the land, there is no blame upon you
وَإِذَا ضَرَبْتُمْ فِي الْأَرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌThe Shaykh : This has no relation to specifying the number of days; he may stay in the hotel for less or more.
The questioner: Yes.
The Shaykh : And he may not stay in the hotel for less or more.
The questioner: Yes.
The Shaykh : So the issue has no relation to the house; the issue has relation to specifying the number of days, is that not so?
The questioner : Specifying the number of days is either by speech or by action.
The Shaykh : How?
The questioner : By speech or by action.
The Shaykh : I did not understand.
The questioner : Specifying the number of days; the action of the Messenger (peace and blessings be upon him) specifies and clarifies.
The Shaykh : Our discussion now has no relation to the place of lodging, whether it is a house, whether it is a hotel, whether it is a desert; it has relation to the days.
The questioner: Yes.
The Shaykh : One person stopped in the desert, in the open, one person stopped in a hotel.
The questioner : It does not matter.
The Shaykh : This is it, and therefore do not open the topic of the hotel, because he will say to you: And in the desert? You just said: It does not matter them. So the issue has relation to specifying the number of days, and not to specifying the place. Is it clear up to here?
The questioner : Is it clear up to here.
The Shaykh : Okay, may Allah reward you with good, now I will finish the speech, and it is the answer to my previous question. If one increases beyond the days or decreases, what is the difference between him and Imam al-Shafi'i, whom you say: This is the understanding of Imam al-Shafi'i?!
The questioner: Yes.
The Shaykh : And that one says to you: That is the understanding of Ibn Abbas (may Allah be pleased with him). No, the problem does not end by resorting to the statement: This is so-and-so's understanding and this is so-and-so's understanding. The problem does not end.
The questioner : I said: I used to lean toward this understanding.
The Shaykh : Yes?
The questioner : I lean toward this understanding.
The Shaykh : It is fine, he responds to you: Why do you lean toward this and not that? It is fine?
The questioner : For al-Shafi'i's (may Allah have mercy on him) reasoning. He says: "The Messenger did not travel except for travel of jihad or travel of Hajj or Umrah, and the original word 'traveler' is applied to one who travels on the earth. So the one who traveled for jihad does not know the duration of his return, so however long his duration is, and he does not know when he will return, this one shortens."
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.