If the distance of traveling is sixteen farsakhs 360 (which is the distance covered
وَإِذَا كَانَتْ مَسَافَةُ سَفَرِهِ سِتَّةَ عَشَرَ فَرْسَخًا، وَهِيَ
The Book of Prayer
The Prayer of the Traveler
صَلاَةِ الْمُسَافِرِ
The Prayer of the Traveler
360. Shortest Distance that Justifies Shortening the Prayers Fixed
(A) + (+M, +S): Four bareeds, which is equal to 16 farsakhs. Each farsakh is equal to 3 Hashemite meels. (A/SM) They argued that the most authentic reports from Ibn ‘Abbâs and Ibn ‘Umar set the distance at 4 bareeds. These were reported with a sound chain by al-Bayhaqi.
There is a lot of controversy over the meel that is meant here. According to Sayyid Sabiq, one farsakh is equivalent to 5,541 meters. One-mile equals 1,748 meters, so the distance mentioned here (sixteen farsakhs) is 88.7 kilometers or 50.7 miles. However, there are about twenty different opinions on determining this distance. Since certainty is unattainable here, it is easier to assume that one Hashemite meel is equal to one mile, in which case, the distance is approximately 48 miles.
(-H): The distance covered in three days (not two), which was said by some Ḥanafis to be 24 farsakhs; however, most of them did not acknowledge the physical distance but rather the duration of three days of travel. Unfixed
in two days 361 at a moderate speed) and the travel is permissible, then one is
مَسِيْرَةُ يَوْمَيْنِ قَاصِدَيْنِ، وَكَانَ مُبَاحًا، فَلَهُ قَصْرُ
Al-Awzâ‘i, a, al-Khiraqi, t, and the author Ibn Qudâmah in his other book al-Mughni, as well as many of the righteous predecessors, argued that there is no minimum distance that allows travelers to shorten and combine the prayers and to break the fast in Ramadan, as long as it is considered traveling by the customs of people. This is because the determination of 16 farsakhs is based on conflicting reports from the Companions Ibn ‘Abbâs and Ibn ‘Umar (RAHUM), and the verse in the Qur’an that permits shortening prayers in travel uses general wording that covers all that is called travel. They also argued that when Anas ibn Mâlik was asked about shortening the prayer, he said, “The Messenger of Allah (SA) would pray two rak‘ahs if he had traveled a distance of three miles or farsakhs.” (M – from Yaḥyâ ibn Yazeed) Ibn Ḥajar called this report the most sound on the issue. The confusion in this hadith between miles and farsakhs is clarified by Abu Sa‘eed al-Khudri's statement, “If the Prophet (SA) traveled a distance of one farsakh, he would shorten his prayer.” (Sa‘eed ibn Manṣoor in his Sunan); Ibn Ḥajar did not comment on it in at-Talkheeṣ, indicating his acceptance of it. It is known that one farsakh is about 3 miles. The majority argued that this hadith meant that this is when the Prophet (SA) started to shorten if he was traveling the qualifying distance of 4 bareeds. While the second position has its own merits, the first is safer and is the position of the majority. At the least, it is what the most notable imams suggested as the distance qualifying the travel to be legally consequential. The second position may result in confusion, and it may allow room for eccentric fatwas and practices that were not intended by the proponents of that position.
361. Assuming that one does not travel at night. This would be equal to the distance covered in one day and one night.
entitled to shorten the four-rak‘ah prayers particularly. 362
Unless:br>
- he prays behind a resident;
- he does not intend to shorten [the prayer]; 363
- he forgets a prayer that became due on him while a resident and remembers it while traveling;
- [he forgets] a prayer that became due while traveling, and he remembers it while a resident.
In these cases, he needs to complete [the prayer].
الرُّبَاعِيَّةِ خَاصَّةً.
إِلاَّ أَنْ:
- يَأْتَمَّ بِمُقِيْمٍ،
- أَوْ لم يَنْوِيَ الْقَصْرَ،
- أَوْ يَنْسَى صَلاَةَ حَضَرٍ، فَيَذْكُرَهَا فِي السَّفَرِ،
- أَوْ صَلاَةَ سَفَرٍ، فَيَذْكُرَهَا فِي الْحَضَرِ،
فَعَلَيْهِ الإِتْمَامُ.
It is permissible for the traveler to [pray the] complete [prayer], but shortening it is preferable. 364
وَلِلْمُسَافِرِ أَنْ يُتِمَّ، وَالْقَصْرُ أَفْضَلُ.
362. “The ṣalâh was prescribed in Makkah in sets of two rak‘ahs. When the Prophet (SA) came to Madinah, two rak‘ahs were added to each ṣalâh except the maghrib
ṣalâh, because it is the witr of the daytime, and the dawn prayer due to its lengthy Qur’an recitation. However, if one travels, he performs the original prayer.” (A – from ‘Â’ishah. Ibn Taymiyah:S chain)
363. (a, -t): It is not necessary to have the intention to shorten the prayer before the beginning of the prayer, so if a traveler makes takbeer for ‘ishâ’, without having intended before it to shorten it, he may still shorten it.
364. Due to the saying of Allah (ST):
{And when you go forth in the land, there is no sin upon you if you shorten your prayer when you fear the disbelievers may attack you…} (an-Nisâ’ 4: 101)
وَإِذَا ضَرَبْتُمْ فِي الْأَرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَن تَقْصُرُوا مِنَ الصَّلَاةِ إِنْ خِفْتُمْ أَن يَفْتِنَكُمُ الَّذِينَ كَفَرُوا
He who has the intention to stay more than [the period of] twenty-one prayers [meaning four full days plus one more prayer] must complete [his prayers]. If he does not have this intention, he continues to shorten [his prayers] forever. 365
وَمَنْ نَوَى الإِقَامَةَ أَكْثَرَ مِنْ إِحْدَى وَعِشْرِيْنَ صَلاَةً، أَتَمَّ، وَإِنْ لَمْ يُجْمِعْ عَلَى ذٰلِكَ، قَصَرَ أَبَدًا.
Ya‘lâ ibn Umayyah said that he said to ‘Umar ibn al-Khaṭṭâb, “Explain to me why the people shorten the ṣalâh when Allah says, ‘And when you go forth...’ [the preceding verse], and those days are gone now!” ‘Umar said, “I wondered about that, too. I mentioned it to the Prophet (SA), and he said:
‘This is a charity that Allah (ST) has bestowed upon you, so accept his charity.’” (M – from Ya‘lâ ibn Umayyah)
صَدَقَةٌ تَصَدَّقَ الله بها عَلَيْكُمْ فَاقْبَلُوا صَدَقَتَهُ.
The Ruling on Shortening the Prayers for the Traveler
Based on these and other reports, and the fact that the Prophet (SA), by agreement, never prayed 4 rak‘ahs while traveling, the scholars differed over the ruling of shortening the prayer.
(A) + (+S): Preferable.
(-M): Stressed sunnah, which takes precedence over the congregational prayer.
(-H): Obligatory.
365. The Longest Period One May Shorten the Prayers
There is an agreement that if one does not intend to stay and continues to tell himself, “I will go back home tomorrow,” but for some reason does not, such a person may shorten the prayer forever. (Consensus reported by Ibn al-Mundhir.) Only (-S) disagreed and stipulated a limit of eighteen days.
When the person intends to stay for some time, there are many opinions regarding the period during which it is allowed to shorten the prayer:
(A/SM): 20 prayers.
(a) + (-M, -S): 4 days, excluding the days of arrival and departure.
(M, S, A) cited that the Prophet (SA) spent four days in Makkah during his Hajj, from the 4th to the 8th of Dhul-Ḥijjah, and he was shortening the prayers. They also argued that the Prophet (SA) and his Companions were not allowed to return as residents to Makkah after they left it for the sake of Allah, but he allowed them three days of stay. (M) This means that if they stayed 3 days or fewer, they would not be considered residents.
(-H): 15 days; this was also reported from ath-Thawri, al-Layth and others and related from Companions including ‘Umar, his son ‘Abdullâh, and Ibn ‘Abbâs (RAHUM).
(t) and many scholars: There is no limit unless one intends to stay and work, marry, or have other signs of residence. They cited the following: The Prophet (SA) prayed shortened prayers for 18 days in Makkah. (D – from ‘Imrân. D: Auth) In a mursal hadith, it was reported that the Prophet (SA) shortened prayers for 20 days in Tabook. (D – from Jâbir) To say that he did not, at any point, intend to stay more than 4 days is implausible, particularly since he needed to establish Makkah as an abode of Islam after its conquest, which would take more than 4 days, as pointed out by Ibn al-Qayyim (may Allah bestow mercy on him). The Messenger of Allah (SA) never clearly stated that if someone resides for more than a certain period, he must pray the full prayers. The Companions shortened the prayers for months and even years. Al-Miswar ibn Makhramah said, “We stayed with Sa‘d in some of the cities of ash-Shâm [Syria] for 40 days, and Sa‘d would shorten the prayers, while we would offer the whole ṣalâh.” (A) Nâfi‘: “Ibn ‘Umar was in Azerbaijan for 6 months, as there was snow blocking the pass, and he would pray 2 rak‘ahs.” Ḥafṣ ibn ‘Ubaydullâh said, “Anas ibn Mâlik stayed in ash-Shâm for 2 years, and he prayed the ṣalâh of a traveler.” Anas said, “The Companions of the Prophet stayed in Ram Hurmuz for 7 months, and they shortened their ṣalâh.” Al-Ḥasan said, “I stayed with ‘Abdur-Raḥmân ibn Samurah for 2 years in Kabul, and he shortened his ṣalâh, but he did not combine the ṣalâh.” Ibrâheem said, “We resided in Rayy for a year or more and in Sijistan for 2 years... and we prayed shortened prayers.”
They argued that it is implausible to assume that they never, at any point, intended to stay more than 4 days. They concluded that as long as one does not intend to take a place as a residence, such as having or intending to have a home there or to work or marry there, then they may shorten the prayers. While the last position has its own merits and obvious strength, those who wish to stay within the safety of the authorized positions of the 4 madh-habs may do so by taking the most lenient of them, which is the Ḥanafi position of 15 days.