One who stays in a town for more than a month: does he complete the prayer or shorten it?
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The questioner : A man intends to stay for more than a month. Does he shorten the prayer or complete it? Does he pray the regular voluntary prayers (rawatib) or not?
The Shaykh : If a person settles in a town for a specific purpose, and returns to his home once that purpose is fulfilled, he is a traveler, even if he stays for ten years, because he did not intend to reside there. It makes no difference whether he knows that this purpose will end after a certain period or not. For example, a sick person who comes to a town for treatment, knowing that his treatment will not last one day, two days, one month, or two months: does he shorten the prayer or not? He shortens it.
Another person comes to the town for study. The sick person might recover before the estimated period, but this person, who is there for study, knows that he cannot leave the town before his four years of study are completed. However, after his studies are finished, he returns to his home. He says in the depths of his heart: "If I were given my degree after ten days, would I return or not?" He would return. Therefore, he has not made this place his decision or his home, so he may shorten the prayer. This is a great and major issue, and there is significant disagreement among scholars, with more than twenty opinions. Allah the Exalted said:[An-Nisa 4:59] If we return to the Book of Allah, we will not find any specification of the duration at all. [An-Nisa 4:101] The one who travels the earth may have a long or short stay. [Al-Muzzammil 73:20] Others are merchants. If a merchant settles in a town, does he know that his stay will end in two or three days, or perhaps he knows that it will not end until a month has passed? He is in that state; he does not know that it will end except after a month, so he is one who travels the earth.
Then, did the Messenger (peace and blessings be upon him) ever say to the Ummah: "Whoever among you intends to stay for more than four days, or five days, or fifteen days, or nineteen days, let him complete the prayer"? He did not say that. This Sunnah is before us, and he did not say that.
Rather, he (peace and blessings be upon him) stayed for varying durations. How long did he stay in Makkah? How long in the Farewell Pilgrimage?
The student: ...
The Shaykh : No, in the Farewell Pilgrimage. In the Farewell Pilgrimage, he arrived in Makkah on the fourth day and left on the morning of the fourteenth. How long did he stay? Ten days. For this reason, Anas ibn Malik was asked: How long did he stay in the Year of the Conquest? Nineteen days. He stayed in Tabuk for twenty days. He did not say to the people: "Whoever stays this duration should shorten, and whoever exceeds it should complete." Rather, he (peace and blessings be upon him) arrived in Makkah on the fourth day and continued to shorten the prayer until he returned to Madinah. Did he say to the people: "Whoever arrives before the fourth day should complete the prayer"? Absolutely not. He knew himself (may Allah's prayers and peace be upon him) that the pilgrims arrive before the fourth day. Allah the Exalted said: [Al-Baqarah 2:197] When do the months begin? From Shawwal, from the Festival of Breaking the Fast. So he (peace and blessings be upon him) knew that people arrive before the fourth day, yet he did not say to the pilgrims: "Whoever among you arrives before the fourth day should complete the prayer." The original state is the continuation of travel, and a thing remains as it was until clear evidence establishes that the ruling has ceased. The Shaykh al-Islam (may Allah have mercy on him) spoke well about this issue in the Fatawa, in the chapter on the Friday prayer, and clarified that the opinion that it is limited by days has no evidence.
And I say: The evidence is against that, because if the duration were limited to four days, the Messenger (peace and blessings be upon him), when he arrived in Makkah, would have said: "Whoever among you arrives before the fourth day must complete the prayer."
The important point is: If a person comes to a town seeking knowledge, trade, or to visit a relative, he is a traveler, even if the duration is long, and he may avail himself of all the dispensations of travel.
The Shaykh : If a person settles in a town for a specific purpose, and returns to his home once that purpose is fulfilled, he is a traveler, even if he stays for ten years, because he did not intend to reside there. It makes no difference whether he knows that this purpose will end after a certain period or not. For example, a sick person who comes to a town for treatment, knowing that his treatment will not last one day, two days, one month, or two months: does he shorten the prayer or not? He shortens it.
Another person comes to the town for study. The sick person might recover before the estimated period, but this person, who is there for study, knows that he cannot leave the town before his four years of study are completed. However, after his studies are finished, he returns to his home. He says in the depths of his heart: "If I were given my degree after ten days, would I return or not?" He would return. Therefore, he has not made this place his decision or his home, so he may shorten the prayer. This is a great and major issue, and there is significant disagreement among scholars, with more than twenty opinions. Allah the Exalted said:
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلاًAnd 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 الصَّلاةِothers traveling throughout the land seeking [something] of the bounty of Allah
وَآخَرُونَ يَضْرِبُونَ فِي الْأَرْضِ يَبْتَغُونَ مِنْ فَضْلِ اللَّهِThen, did the Messenger (peace and blessings be upon him) ever say to the Ummah: "Whoever among you intends to stay for more than four days, or five days, or fifteen days, or nineteen days, let him complete the prayer"? He did not say that. This Sunnah is before us, and he did not say that.
Rather, he (peace and blessings be upon him) stayed for varying durations. How long did he stay in Makkah? How long in the Farewell Pilgrimage?
The student: ...
The Shaykh : No, in the Farewell Pilgrimage. In the Farewell Pilgrimage, he arrived in Makkah on the fourth day and left on the morning of the fourteenth. How long did he stay? Ten days. For this reason, Anas ibn Malik was asked:
How long did the Prophet (peace and blessings be upon him) stay in Makkah during the Farewell Pilgrimage? He said: We stayed there for ten days.
كم أقام النبي صلى الله عليه وسلم في مكة في حجة الوداع، قال: أقمنا بها عشراًHajj is [during] well-known months
الْحَجُّ أَشْهُرٌ مَعْلُومَاتٌAnd I say: The evidence is against that, because if the duration were limited to four days, the Messenger (peace and blessings be upon him), when he arrived in Makkah, would have said: "Whoever among you arrives before the fourth day must complete the prayer."
The important point is: If a person comes to a town seeking knowledge, trade, or to visit a relative, he is a traveler, even if the duration is long, and he may avail himself of all the dispensations of travel.