What is the stronger opinion regarding the issue of shortening the prayer for foreign university students coming to the Kingdom of Saudi Arabia, who travel to their home countries every year for the vacation and then return, and so on until the duration of their studies ends?
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The questioner : This is a questioner for the program. He says in this question: “Your Eminence, I would like to know the stronger opinion regarding the issue of shortening the prayer for foreign university students coming to the Kingdom. After each year, they travel to their home countries for the vacation and then return, and so on until the duration of their studies ends. We have heard some scholars say that they must shorten the prayer, while other scholars do not hold this view. Please issue a ruling on this matter, Your Eminence. May Allah reward you with good.”
The Shaykh : This issue is one of the matters of scholarly disagreement. I mean, is the duration of travel specified in the residence that prevents the dispensation of travel, or is it not specified? There is disagreement among the scholars on this, with more than twenty opinions. The reference for the disagreement is the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him).
What we see in this issue is that as long as a person has not settled in the country or intended absolute residence, he is a traveler, even if his duration is long, because he has not taken this country as his home and has not intended to reside in it with absolute residence. Rather, he has intended a limited residence, either by time or by work. Residence limited by time is like saying, “I will stay in this country for ten days, twenty days, a month, or two months.” This is limited by time. Residence limited by work is like saying, “I will stay in this country until the trading season ends, and he does not know when it will end,” or “I will reside in this country as long as this scholar is there teaching,” or “I will stay in this country as long as I am receiving treatment,” or something similar. This also limits his residence by work. The second issue, which is limiting residence by work, is that all the jurists have stated that as long as he has not intended absolute residence, he may shorten the prayer. This is found in the summaries and detailed texts of the fiqh. He shortens the prayer even if he remains for years; he shortens it forever. So if it is assumed that he resides for treatment and his treatment lasts for years, he may shorten the prayer because he has not intended absolute residence; rather, he has intended a residence limited by this work or this purpose. Likewise, if he resides as long as this scholar is present, and the scholar lives for fifty or sixty years, he shortens the prayer.
As for residence limited by a specific duration, some scholars have equated it with residence limited by work, while others have not. Among those who did not equate it, some said that residence is what exceeds four days. So whenever he intends to reside for more than four days, he must complete the prayer and does not take the dispensation of travel. Nevertheless, they did not give him the ruling of a resident or settler; rather, they said that Friday prayer does not become valid with him, and it is not valid for him to be an imam in it, because he is not a settler.
Some scholars limited this to four days in addition to the day of arrival and the day of departure. Some scholars limited this to fifteen days, and some limited it to nineteen days. All these are derived opinions. What the legal evidence indicates, in my view, is that as long as he has not intended absolute residence or settlement, he has the ruling of a traveler. For example, this student at the university says, “If I were given my degree today, I would travel. I am not from the people of this country, and I do not want to reside in the country. I came for the purpose of study, but the study is limited to four years or more. As long as I have not graduated, I am residing in this country.” Its equivalent is the statement of the one who says, “I will stay in this country until I am healed, or until the scholar I study under dies, or something similar.” There is no difference. And what I have mentioned is what the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose. He investigated the issue extensively in the *Fatawa* in the chapter on Friday prayer. So whoever wants more of that should refer to it. Yes.
The questioner : May Allah reward you with good, O Shaykh.
The Shaykh : This issue is one of the matters of scholarly disagreement. I mean, is the duration of travel specified in the residence that prevents the dispensation of travel, or is it not specified? There is disagreement among the scholars on this, with more than twenty opinions. The reference for the disagreement is the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him).
What we see in this issue is that as long as a person has not settled in the country or intended absolute residence, he is a traveler, even if his duration is long, because he has not taken this country as his home and has not intended to reside in it with absolute residence. Rather, he has intended a limited residence, either by time or by work. Residence limited by time is like saying, “I will stay in this country for ten days, twenty days, a month, or two months.” This is limited by time. Residence limited by work is like saying, “I will stay in this country until the trading season ends, and he does not know when it will end,” or “I will reside in this country as long as this scholar is there teaching,” or “I will stay in this country as long as I am receiving treatment,” or something similar. This also limits his residence by work. The second issue, which is limiting residence by work, is that all the jurists have stated that as long as he has not intended absolute residence, he may shorten the prayer. This is found in the summaries and detailed texts of the fiqh. He shortens the prayer even if he remains for years; he shortens it forever. So if it is assumed that he resides for treatment and his treatment lasts for years, he may shorten the prayer because he has not intended absolute residence; rather, he has intended a residence limited by this work or this purpose. Likewise, if he resides as long as this scholar is present, and the scholar lives for fifty or sixty years, he shortens the prayer.
As for residence limited by a specific duration, some scholars have equated it with residence limited by work, while others have not. Among those who did not equate it, some said that residence is what exceeds four days. So whenever he intends to reside for more than four days, he must complete the prayer and does not take the dispensation of travel. Nevertheless, they did not give him the ruling of a resident or settler; rather, they said that Friday prayer does not become valid with him, and it is not valid for him to be an imam in it, because he is not a settler.
Some scholars limited this to four days in addition to the day of arrival and the day of departure. Some scholars limited this to fifteen days, and some limited it to nineteen days. All these are derived opinions. What the legal evidence indicates, in my view, is that as long as he has not intended absolute residence or settlement, he has the ruling of a traveler. For example, this student at the university says, “If I were given my degree today, I would travel. I am not from the people of this country, and I do not want to reside in the country. I came for the purpose of study, but the study is limited to four years or more. As long as I have not graduated, I am residing in this country.” Its equivalent is the statement of the one who says, “I will stay in this country until I am healed, or until the scholar I study under dies, or something similar.” There is no difference. And what I have mentioned is what the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose. He investigated the issue extensively in the *Fatawa* in the chapter on Friday prayer. So whoever wants more of that should refer to it. Yes.
The questioner : May Allah reward you with good, O Shaykh.