Follow-up: Is the criterion for travel custom or distance?
Machine translationRead the Arabic original
The questioner : Regarding shortening the prayer while traveling, is the criterion custom, or is it distance?
The Shaykh : Say: The travel that is considered, not the shortening.
Is the criterion for travel custom, or distance?
As for the opinion of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him): he holds that the criterion is custom. Whatever people call travel is travel. And travel is that for which one packs a saddle, carries food and drink, and bids farewell and sees off.
And as for most scholars, they say: it is measured by distance.
Based on that, I give you an example with Unayzah and Buraydah: the distance between them is less than the distance defined by those who hold the distance view, because those who defined the distance set it at and a fraction, and the distance from Buraydah does not reach to Unayzah. So, according to the opinion of those who hold that the travel in which one shortens is what reaches the distance, they say: one who travels from Unayzah to Buraydah does not shorten.
And as for those who hold that travel is what people consider travel, they say: one who goes from Unayzah to Buraydah to perform his government work in the late morning and returns to his family to have lunch, this is not considered travel. But if he goes to his relatives there and intends to stay with them for two or three days, it is considered travel. This is the choice of Shaykh al-Islam. And there is no doubt that the choice of Shaykh al-Islam is the correct one in terms of reasoning, because Allah used a general term, saying:[An-Nisa 4:101].
And Muslim narrated in his Sahih from Anas ibn Malik (may Allah be pleased with him) who said:Bulugh al-Maram 2:343 And this is less than the distance defined by those who define it. So the statement of Shaykh al-Islam is correct in terms of reasoning, but it is not regulated in reality, meaning: people remain confused.
But if you define it, you say: one who travels and is a traveler. The matter becomes clear, and people have no doubt. So in terms of definition, it is more regulated for people. But in terms of reasoning, there is no doubt that what is called travel is travel, and what is not called travel is not travel, so it reverts to custom.
The questioner : Does one who travels for four days count as a traveler?
The Shaykh : Yes, that is correct.
The questioner : Does he shorten the prayer?
The Shaykh : Meaning: he traveled, for example, to a town at the distance for shortening?
The questioner : He traveled the distance for shortening and intends to stay for a month.
The Shaykh : It does not contradict. If he travels the distance for shortening and stays in the town, he is a traveler. Even if he stays for four years, as long as he does not intend permanent residence, he is a traveler. Because the Messenger of Allah (peace and blessings be upon him) stayed in Tabuk for twenty days shortening the prayer, and stayed in Makkah for nineteen days shortening the prayer, and did not specify a certain duration for his Ummah.
And the Companions (may Allah be pleased with them) used to travel to the frontier posts, which are the borders of the Islamic lands, and a person would remain there for a year or two as a judge and shorten the prayer. And Ibn Umar (may Allah be pleased with him) was trapped by snow in Azerbaijan for six months while shortening the prayer.
The Shaykh : Say: The travel that is considered, not the shortening.
Is the criterion for travel custom, or distance?
As for the opinion of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him): he holds that the criterion is custom. Whatever people call travel is travel. And travel is that for which one packs a saddle, carries food and drink, and bids farewell and sees off.
And as for most scholars, they say: it is measured by distance.
Based on that, I give you an example with Unayzah and Buraydah: the distance between them is less than the distance defined by those who hold the distance view, because those who defined the distance set it at
81 km
81 كم81
81And as for those who hold that travel is what people consider travel, they say: one who goes from Unayzah to Buraydah to perform his government work in the late morning and returns to his family to have lunch, this is not considered travel. But if he goes to his relatives there and intends to stay with them for two or three days, it is considered travel. This is the choice of Shaykh al-Islam. And there is no doubt that the choice of Shaykh al-Islam is the correct one in terms of reasoning, because Allah used a general term, saying:
And when you travel throughout the land, there is no blame upon you for shortening the prayer
وَإِذَا ضَرَبْتُمْ فِي الْأَرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَنْ تَقْصُرُوا مِنَ الصَّلاةِAnd Muslim narrated in his Sahih from Anas ibn Malik (may Allah be pleased with him) who said:
When Allah's Messenger (ﷺ) went out on a journey of three miles or three Farasikh, he (ﷺ) used to pray two Rak'at.
كان النبي صلى الله عليه وسلم إذا خرج مسيرة ثلاثة أميال أو فراسخ صلّى ركعتينBut if you define it, you say: one who travels
81 km
81كم300 m
300 مThe questioner : Does one who travels for four days count as a traveler?
The Shaykh : Yes, that is correct.
The questioner : Does he shorten the prayer?
The Shaykh : Meaning: he traveled, for example, to a town at the distance for shortening?
The questioner : He traveled the distance for shortening and intends to stay for a month.
The Shaykh : It does not contradict. If he travels the distance for shortening and stays in the town, he is a traveler. Even if he stays for four years, as long as he does not intend permanent residence, he is a traveler. Because the Messenger of Allah (peace and blessings be upon him) stayed in Tabuk for twenty days shortening the prayer, and stayed in Makkah for nineteen days shortening the prayer, and did not specify a certain duration for his Ummah.
And the Companions (may Allah be pleased with them) used to travel to the frontier posts, which are the borders of the Islamic lands, and a person would remain there for a year or two as a judge and shorten the prayer. And Ibn Umar (may Allah be pleased with him) was trapped by snow in Azerbaijan for six months while shortening the prayer.