What is the criterion for travel and the criterion for residence?

The questioner: His EminenceThe Shaykh : Shortening the prayer during travel, does it have a specific duration? And if not, what is the criterion for residing in a certain country? What is the criterion for residing in a certain country?

The Shaykh : The criterion is the intention and purpose, the intention and purpose. It may be accompanied by action in many cases, but the foundation is the intention. The reality of people in practice is what determines for them whether they are travelers or residents when they settle in a country other than their own. The jurists, may Allah reward them with good, used to observe these matters with a precision that the general public overlooks. It is known in Islamic jurisprudence that if a man has two wives, each in a different country, and he travels from the country of one to the country of the other, he is a traveler between the two countries, but he is a resident in each of the two countries. This is because a traveler usually leaves his country for another country or place to attend to needs, not knowing whether these needs will be fulfilled in an hour, a day, or days. Therefore, they say that if a traveler settles in a country to attend to some needs, he is a traveler, provided that he does not know and does not intend to reside there. He says, "I will finish my work and interests and then travel." If it is not fulfilled, he says, "The day after tomorrow," and so on. He may reside for weeks, or even months, in this state of hesitation, because he does not intend to reside permanently, as he wants to return to his country. I have reflected on some of the texts of the Shari'ah and found the most precise of them to be the saying of Allah, Mighty and Majestic, in Surat al-Baqarah when He says: up to the end of the verses, until He says: My point here is that He did not say "or was a traveler," but rather "or on a journey" . It may be very clear in the previous example we gave of the man with two wives: we said he is a traveler between the two countries, but when he stays in the other country with his other wife, he is not on a journey, and consequently, he is not a traveler a fortiori. This is not the case for one who goes out as a mujahid, or goes out to trade, fighting the disbelievers, not knowing when the return to his country will be; in that country, he remains a resident. However, here the ruling of the one stationed at the border applies, for example, one who is placed as a guard on the borders and is a resident there, having intended to reside. The saying of the Exalted, , the phrase "on a journey" is what the one who settles in a country must observe: is he on a journey or is he residing? If he is on a journey, no matter how long the duration, he is under the ruling of a traveler. If he is not on a journey and intends to reside, there is no limit to the number of days, as long as he intends to reside. As an example of the first matter, what is authentic from some of the Salaf, including 'Abdullah ibn 'Umar, is that he was in these lands, in Azerbaijan and similar places, where they were fighting in the path of Allah. The snows overtook them, and they remained for six months, shortening their prayers, because they were waiting for the snow to melt and the roads to open so they could return to their country.