Q&A (Fatwa)

#315: Conditions For Qasr (Shortening of Salāt)


_Afwan i left one out._
_(4) for our Muslims brothers and sisters in camp now. Can they consider themselves as travellers do that they could choose not to fast, and can the Muslim copers keep prayer kusr till he or she is through with his or her service and then return home to keep praying in full, or is he/she to count some days after which he/she no longer consider his/her self as a traveller any longer._

_Jazaakallahu khoiran_


Know that the issue of Qasr is one in which the scholars have differed upon.

However, the opinion which is more in line with the authentic and relevant narrations is as follows:

A person is only considered a traveller if

1. he is actually upon the journey.

2. he arrives a settlement where he intends to stay less than 4 days. If he intends to stay more than 4 days in that place, then he is considered a settler from the first day in which he arrived and he is not considered a traveller.

3. If he is UPON A JOURNEY AND CAMPS in a place in which he does not know when he will leave. And his departure from that place is dependent upon issues which he cannot decide.

As for the first category, the reasons are:

a. “And when you (Muslims) travel in the land, there is no sin on you if you shorten As‑Salaah (the prayer)”
[al-Nisa’ 4:101]

Imam Muslim transmitted on the authourity of Ya’la ibn Umayyah who said: I said to ‘Umar ibn al-Khattaab (may Allaah be pleased with him): “ ‘there is no sin on you if you shorten As‑Salaah (the prayer) if you fear that the disbelievers may put you in trial (attack you)’ [al-Nisa’ 4:101];
but now the people are safe.” He said: “I wondered the same thing, and I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about it. He said: ‘This is a favour (lit. charity) that Allaah has granted you, so accept His favour.’”

Under this category, we mentioned that if one knows he will stay more than 4 days, he is seen as a settler on the first day he arrives. The reason for this are:

a. Imam Bukhari transmitted a narration on the authourity of ‘Abdur Rahman bin Yazid:
We offered a four Rakat prayer at Mina behind Ibn ‘Affan . ‘Abdullah bin Masud was informed about it. He said sadly, “Truly to Allah we belong and truly to Him we shall return.” And added, “I prayed two Rakat with Allah’s Apostle at Mina and similarly with Abu Bakr and with ‘Umar (during their caliphates).” He further said, “May I be lucky enough to have two of the four Rakat accepted (by Allah).”

b. According to the jurists, among the reasons why ibn Affan completed his salah was because he had a wife residing in makkah that time and thus considered himself a resident because of that.

The reasons for the second category include:

a. The action of the rasul alaihi salam during the farewel pilgrimage of staying for three days in Mina while shortening his prayers during this period.

b. The hadeeth of al-‘Ala’ ibn al-Hadrami, according to which the Prophet alaihi salam said: “Three days for the muhaajir after returning from Mina.” (Narrated by Bukhari and Muslim )

Al-Haafiz ibn Hajar said in his commentary on this hadeeth thus:

What this hadeeth refers to is that staying in Makkah was forbidden for the one who had migrated from there before the Conquest, but it was permitted to those who went there for Hajj or ‘Umrah to stay after completing the rituals (of Hajj or ‘Umrah) for three days and no more. It was understood from this that if a person stays for three days, the rulings on travellers still apply to him. Fath al-Baari, 7/267.

sheikh Abu Qutadah said the rasul alaihi salam didn’t want to nullify the hijrah of his companions thus, he stayed three days.

Sheikh Uthaymin said:

But the correct view is that the reason for shortening the prayers in Mina, ‘Arafah and Muzdalifah is not the pilgrimage; rather the reason for that is travel, and travel is not defined by distance; rather it is defined by the situation, which means that if a person goes out and he makes preparations for this going out, and takes food and drink with him, then he is travelling.

Based on that, we say: At the time of the Messenger of Allah (blessings and peace of Allah be upon him) the people used to take provisions with them for Hajj, whether they were residents of Makkah or otherwise, therefore the people of Makkah who were with the Messenger (blessings and peace of Allah be upon him) during the Farewell Pilgrimage put their prayers together and shortened them, following the Messenger (blessings and peace of Allah be upon him), and he did not say: O people of Makkah, offer your prayers in full. This is the more correct view, and it is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him). Majmoo‘ Fataawa Ibn ‘Uthaymeen (24/61-63)

The reasons for the third category include:

The Prophet alaihi salam stayed in Makkah during the year of the Conquest for nineteen days, during which he shortened his prayers, and he stayed in Tabook for twenty days to fight the Christians, and he led his companions in shortened prayers, because he had not resolved to stay, rather his intention was to leave once he had finished his business. Fiqh us – Sunnah 112.

Based on the above, it becomes clear who the shariah defines as a traveller.

To answer your question, we say, the person that stays in the camp fits more into the second category. In his case, he already knows how long he will be staying where he travelled to which is more than 4 day. Thus he is expected to complete his salah from the first day he arrives the camp.

And Allah knows best.

Jazaakumullaahu Khayran!
Baarakallaahu feekum!

25th Ramadaan 1438A.H



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