The PPK Muslims (Proud, Practicing, Knowledgable) : 08/11/15

FIQH OF ORTHODOX SUNNI SCHOOLS OF THOUGHT

ON THE RULES OF QASR (SHORTENED) PRAYERS

FOR MUSLIMS

``Read ONLY, IF AND WHEN you have time and mood for:

“An Ayah of the Quran for 30 Days” -- November 2013

Choose the section you have time in the next 30 days to read this ayah:-

Prelude: Recurrent Primary Message One Page

A Short Version: For the Busy Bee Three Pages

The Main Story: Recommended Six Pages

Footnotes: For the Perfectionist Sixteen Pages

PRELUDE

From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran.

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion.

DUA’

In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Further, we recall that Allah Ta’aala has declared in HIS Book¹ “He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)” and we also recall that he has warned us about the day of judgement² “Then on that day you shall most certainly be questioned about the boons (joy, pleasure).” We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us good and sincere Muslims who use their critical thinking to enhance the mundane for themselves and their families but resort to compulsory following -- taqleed, doctrine of classical Sunni Islamic Fiqh -- in matters religion.

THE AYAH

CONTINUED FROM PREVIOUS

Surah 4, Ayah 101

(NOTE: I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The article will then be reasonable length, hopefully for the busy majority. What follows is not a sermon; hopefully it can be a humble attempt towards finding the “straight path”.)

A SHORT VERSION

Last month we discussed the issue of Qasr namaaz based on a rational and intelligent interpretation of the Sunni Fiqh on this subject. I will now discuss the teachings of Orthodox Sunni Islam.

As I have stated last month, our Holy Prophet had declared the duration of the journey as the criteria for eligibility for Qasr prayers. Instead, the orthodox Sunni Fiqh has decided to regard the distance of the journey as the yardstick. How and why this digression from the dictates of our Holy Prophet? “Ahsanul Fataawa”¹¹ provides the answer. It has devoted several pages to “ Evaluation of Distance of a Journey.”¹²Let me translate the relevant portion:

“Though the authentic verdict of Ahnaaf (Hanafi school) is that for the distance of a journey no fixed length in miles has been established; as a matter of fact, the distance that a person with average energy can comfortably cover on foot in three days and night is the distance of Shariah Safar. But in the period when kafele (groups of people) used to travel on foot or on camel back, it was easy to calculate this distance. In this age of automobiles, railways and aircraft, to calculate the distance covered by walking for three days is beyond anybody; perhaps in future there will be a period of even faster movement. Hence on the principle of convenience in Shariah, the estimation of miles seems essential.”

The cause for the controversy is now obvious. Our beloved Prophet and the respectable Sahabaa could only travel on foot or on camel back; therefore he declared a minimum journey on foot or camel back of one day and night to allow for Qasr. However, our Classical Ulemas and scholars -- past and present -- still regard walking or camel back riding or bullock cart is as the medium of commuting and have declared

forty-eight miles as the criteria for shortening the prayers even though it takes now minutes to travel that distance. It does not bother our Ulema and their followers that, in doing so they are throwing out the clear demands of our Holy Prophet of a journey of at least a day and night necessary for this purpose.

As large sections of sincere and pious Muslims -- illiterate and educated, maulvi and modern -- practice Taqleed, let us discuss regulations of Qasr namaaz as mentioned in the classical Sunni Fiqh. I found the literature confusing because of conflicting opinions of the four Mazaahib. I have therefore described the various suggestions without any attempt at continuity.

According to a salafiyya source, there is a difference of opinions about the status of Qasr prayers:
1- The majority say: Qasr is not waajib, it’s only Mustahab.(liked)
2- Some Ulamaa say: both Qasr and itmaam (praying the full prayer) are the same.
3- Some Ulamaa say: it’s better to do itmaam.
4- And others say: it’s waajib to do Qasr, which is the strongest opinion

The intention for joining prayers must be made while performing the first prayer, even if this is done while exiting from the prayer.

Journey must be at least 81 km. long, one-way. The required length of the journey is an exact length, (emphasis mine} not an approximate one. This means that if one is short of the required length even by a single kilometer (or even less than that), the dispensations may not be taken. (Fath al-Wahhab in the margins of Hashiyat al-Jamal, 1.598). This is probably an extreme view but built on the universal perspective of the traditional ulemas: to follow the letter of the law without any reference to reality.

It is emphasised that travel within city limits is not considered a journey at all--neither long nor short. A trip is only considered a journey if it takes one outside the city limits.

Moustafa Elqabbany from Canada has given some interesting details about the problems with Qasr prayers.3

Shaykh Amjad Rasheed is very clear and liberal about the procedure for Qasr. He maintains, it is permitted for the traveller to take the dispensation of combining prayers alone without shortening the prayers. It is also permitted for them to shorten alone without joining, as well as to do both. Likewise, it is permitted for them to leave both dispensations and to perform each prayer in its time, without shortening. They have free choice regarding all the above. His opinion is based on the authority of Imam al-Nawawi in his Majmu`, Minhaj al-Talibin منهاج الطالبين وعمدة المفتين في فقه الإمام الشافعي, a classical manual on Islamic Law according to Shafi’i Fiqh.

Fiqh-us Sunnah, Volume 002, Fiqh 2.110, Section 36 mentions that the conclusion from the Qur'aanic verse is that any traveling, be it long or short, which falls within the linguistic definition of the word "travel" would suffice to shorten one's salaah.

Fiqh-us Sunnah, Volume 002, Fiqh 2.109 Section 36 describes the differences of the four school on this issue: 'Umar, 'Ali, Ibn Mas'ud, ibn 'Abbas, ibn 'Umar, Jabir and the Hanafi scholars say that it is fard (waajib). The Maliki school holds that it is sunnah mu'akkadah (the stressed one). The Hanbali school holds that it is preferred for the person to shorten the prayer rather than to pray the complete salaah. The Shaf'i school has a similar opinion, if the person has travelled a sufficient distance.

According to Malik and ash-Shaf'i "If one intends to stay for more than four days, he should perform the whole salaah, and if he intends to stay for less than that, he is to offer qasr." whereas Abu Hanifah holds: "If one intends to stay for fifteen days, he should do the qasr. If he intends to stay for less than that, he should not shorten the salaah." (Fiqh-us-Sunnah Volume 002, Supererogatory Prayer, Fiqh 2.112)

Some of the early scholars say that if one makes the intention to travel, he may shorten his salah even if he is in his house.(Fiqh-us Sunnah, Volume 002, Fiqh 2.111, Section 36)

The four imams agree that if one has some need to take care of and always has the intention of leaving the next day, then he may shorten his salah for as long as he is in that state.

Jama’ah (combining) while journeying of two prayers -- zohr with asr and maghrib with ishaa -- is a rukhsatun 'aridah (broad concession). If asr is brought forward to zohr, it is jama’ah taqdim and if zohr is delayed for asr it will be jama’ah ta’khir. Same applies for the other two prayers. This practice of jama’sh is allowed under several circumstances. For a full discussion on the problems of jama’ah see footnotes.⁶

The jam'aah of two salahs while journeying in the time of one of them is authorised (jaiz) by the statements of most experts (ahlu-l 'ilm). There are several ahaadith to support this.^{7, 8,} ⁹ The Hanifiyya allow it only during actual travelling; it is prohibited during a break in the journey. The other three schools allow it during a break as well but they too recommend to pray separately at the propoer times during a break.

The combined prayers remain valid even if the reason for combining it has elapsed during the time for the second prayer; it is not necessary to repeat it. (Fiqh-us Sunnah, 'Salaat-us Safar'). According to lmam ibn Taymiyah and a majority of ulemaa, a prior niyyah for Qasr or Jama’ah is not required based on the common practice of our beloved Prophet. The proximity of the two prayers in Jam’ah is not required as this would defeat the purpose of this concession (rukhsah). Imam Ash Shaafi' says, "One can offer maghrib at one's home with the intention of jama'ah, and then go to the mosque and offer 'isha'." The same opinion is recorded from Imam Ahmad bin Hanbal.

If a travller is following a muqim Imam he will pray the full namaz behind him. On the other hand if the Imam is a traveller, the muqim followers will complete the namaz on their own after the Imam has completed his.¹⁰

........and Allah knows best.

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

THE MAIN STORY

CONTINUED FROM PRVIOUS:

Last month we discussed the issue of Qasr namaaz based on a rational and intelligent interpretation of the Sunni Fiqh on this subject. I will now discuss the teachings of Orthodox Sunni Islam implemented verbatim by a large segment of Muslims on the doctrine of “Taqleed” formulated by our scholars of the fourth century Hijra.

As I have stated last month, our Holy Prophet had declared the duration of the journey as the criteria for eligibility for Qasr prayers: three “manzils”, each comprising a journey on foot or camel back starting at dawn till zohr; in another narration it is stated as a journey of one day and night. Instead, the orthodox Sunni Fiqh has decided to regard the distance of the journey as the yardstick. How and why this digression from the dictates of our Holy Prophet? Let us refer to “Ahsanul Fataawa”¹¹for the answer. This is an exhaustive treatise of fourteen volumes, each book about six hundred pages by Faqihul Asr Mufti-e-Azam Hazrat Mufti Rasheed Ahmed Sahib. It is written in really scholarly Urdu in the classical style dealing comprehensively with Do’s and Don’ts of Islamic jurisprudence. It has devoted several pages to “ Evaluation of Distance of a Journey.”¹²Let me translate the relevant portion:

The cause for the controversy is now obvious. Our beloved Prophet and the respectable Sahaabaa could only travel on foot or on camel back; therefore he declared a minimum journey on foot or camel back of one day and night to allow for Qasr. If you allow some ordinary logic as the Quran demands of all Muslims, it is obvious that the precondition for qasr of a day and night journey spelled out by our Holy Prophet still stands despite the change in the manner of transport. However, our Classical Ulemas and scholars -- past and present -- have forbidden the Muslims to think and enjoined on them the doctrine of Taqleed: compulsory and unquestioning following of the fatwas of third and fourth century Hijra. Under this principle, walking or camel back riding or bullock cart is still regarded in the twenty-first century as the medium of commuting for the calculation of requirement of Qasr! I can only presume, it has somehow been calculated that a Bedouin would cover forty-eight miles on foot or camel back in the desert covering three manzils. This has been laid down in Sunni Fiqh as the criteria for shortening the prayers even though it takes now minutes to travel that distance. It does not bother our Ulema and their followers that, in doing so they are throwing out the clear demands of our Holy Prophet of a journey of at least a day and night necessary for this purpose.

As large sections of sincere and pious Muslims -- illiterate and educated, maulvi and modern -- practice Taqleed. let us discuss regulations of Qasr namaaz as mentioned in the classical Sunni Fiqh. I found the literature confusing because of conflicting opinions of the four Mazaahib. I have therefore described the various suggestions without any attempt at continuity.

As our beloved Prophet practiced Qasr in most of his journeys, it becomes a sunnatun muakkadah (a Sunnah which is emphasised); the Malikiyah are of this opinion. They further argue that any sunnatun muakkadah is more important than the decree to congregate in' prayer (jama'ah). Therefore if a person is unable to find another who is similarly on a journey to follow, he should pray the reduction alone; It is detestable (makruh) for him to follow those who are muqim (locally resident) and offer full prayers.

The Hanbaliyyah believe that the Reduction is authorised (jaaiz) and is more, excellent than tamaam (completed number). This is also the opinion of the Shafi'iyyah if the journey reaches the quintessence, (masaafah) of the Reduction.

According to a salafiyya source, there is a difference of opinions about the status of Qasr prayers:
1- The majority say: Qasr is not waajib, it’s only Mustahab.(liked)
2- Some Ulamaa say: both Qasr and itmaam (praying the full prayer) are the same
3- Some Ulamaa say: it’s better to do itmaam.
4- And others say: it’s waajib to do Qasr, which is the strongest opinion

“Reliance of the Traveller”, section f15.3, explaining the Shafai’ perspective states that purely recreational trips whose purpose is not disobedience are permissible but that travel dispensations cannot be taken when engaged in such travel. Shaykh Hamza Karamali, SunniPath Academy Teacher elaborating on this point states that travel dispensations such as shortening or joining prayers may only be taken if one has a legally valid reason (gharad sahih) for traveling. Scholars explain that mere sightseeing (ru'yat al-bilad) is not a legally valid reason that allows one to shorten prayers. The scenario that this condition is referring to --as explained by Ibn Hajar in the Tuhfa-- is when the sole reason for one's travel is idle curiosity to see various places, with no other accompanying reason. When such a trip is accompanied by a legally valid reason, such as business, visiting family, or even recreation (sorry for the contradictions - I am just quoting), then one may shorten one's prayers during the trip. He explains that recreation is a legally valid reason to undertake a journey because it gives one relief from the pressures of life.

The intention for joining prayers must be made while performing the first prayer, even if this is done while exiting from the prayer. (Tuhfa, One exits the prayer by performing the obligatory first salaam; the second salaam is merely a Sunnah. It is therefore valid to make the intention to join prayers during the first salaam, but not during the second.

There are two kinds of travel dispensations

(1) Dispensations that may only be taken on long journeys like joining and shortening prayers, wiping over footgear for three days and three nights, and being excused from the obligation of fasting.

(2) Dispensations that may be taken on any journey, regardless of its length like being excused from facing the qibla in non-obligatory prayers performed while riding and being excused from the obligation of performing the Friday prayer. (Bughyat al-Mustarshidin, 74)

Dispensations that require long journeys must be at least 81 km. long, one-way. The required length of the journey is an exact length, (emphasis mine} not an approximate one. This means that if one is short of the required length even by a single kilometer (or even less than that), the dispensations may not be taken. (Fath al-Wahhab in the margins of Hashiyat al-Jamal, 1.598). This is probably an extreme view but built on the universal perspective of the traditional ulemaa: to follow the letter of the law without any reference to reality.

It is emphasised that travel within city limits is not considered a journey at all--neither long nor short. A trip is only considered a journey if it takes one outside the city limits.

Moustafa Elqabbany from Canada has given some interesting details about the problems with Qasr prayers.3

Fiqh-us Sunnah, Volume 002, Fiqh 2.110, Section 36 discusses the distance one must travel before shortening one's prayer. It mentions that the conclusion from the Qur'aanic verse is that any traveling, be it long or short, which falls within the linguistic definition of the word "travel" would suffice to shorten one's salaah, to combine them and to break the fast. There is nothing in the Sunnah which confines this general term to any particular meaning. Ibn al-Munzhir and others have mentioned more than twenty reports on this point. It further states, if there is someone whose occupation requires him to always be traveling, for instance, a pilot, a ship captain, truck driver, and so on, then he is permitted to shorten his salaah or break his fast as he is truly traveling.

Fiqh-us Sunnah, Volume 002, Fiqh 2.109 Section 36 under the heading of The Prayer Of a Traveler describes the differences of the four school on this issue: 'Umar, 'Ali, Ibn Mas'ud, ibn 'Abbas, ibn 'Umar, Jabir and the Hanafi scholars say that it is fard (waajib). The Maliki school holds that it is sunnah mu'akkadah (the stressed one); it is even more emphasized than the congregational salaah. If the traveller cannot find another traveller to lead him in the salaah, he may pray by himself as it is disliked that he should follow one who is a resident and pray four raka'ah, according to the Maliki school. The Hanbali school holds that it is preferred for the person to shorten the prayer rather than to pray the complete salaah. The Shaf'i school has a similar opinion, if the person has travelled a sufficient distance.

Fiqh-us-Sunnah Volume 002, Supererogatory Prayer, Fiqh 2.112, Section 36 discusses in great detail when the traveller is to pray the complete salaah.⁴Among other things it says the following: A traveller may shorten his salaah as long as he is on a journey....... even for years..... as long as he does not plan to stay [i.e., reside and not return.........Malik and ash-Shaf'i say: "If one intends to stay for more than four days, he should perform the whole salaah, and if he intends to stay for less than that, he is to offer qasr." ......Abu Hanifah holds: "If one intends to stay for fifteen days, he should do the qasr. If he intends to stay for less than that, he should not shorten the salaah." This is also the opinion of al-Laith ibn Sa'd, and it has also been related from three companions: 'Umar, ibn 'Umar, and Ibn 'Abbas.

There is again a controversy about praying nawaafils during traveling: “can pray”; “need not pray”. For a full discussion see footnotes.⁵

Some of the early scholars say that if one makes the intention to travel, he may shorten his salah even if he is in his house.(Fiqh-us Sunnah, Volume 002, Fiqh 2.111, Section 36)

The four imams agree that if one has some need to take care of and always has the intention of leaving the next day, then he may shorten his salah for as long as he is in that state. However, according to one statement of ash-Shaf'i, he may do so only for seventeen or eighteen days and he is not to shorten his salaah after that time. Ibn al-Munzhir states in his Ishraf: "The people of knowledge are in agreement that a traveller may perform qasr as long as he does not intend to stay in a place, even though he stays there for years."

Al-Hassan says: "One who does not get to his destination or (city of residence) may shorten salah."

'Aishah says: "One who does not put down his provision is to shorten the salah."

Jama’ah (combining) while journeying of two prayers -- zohr with asr and maghrib with ishaa -- is a rukhsatun 'aridah (broad concession). If asr is brought forward to zohr, it is jama’ah taqdim and if zohr is delayed for asr it will be jama’ah ta’khir. Same applies for the other two prayers. This practice of jama’sh is allowed under several circumstances: (For a full discussion on the problems of jama’ah see footnotes.)⁶

1. At Arafah and Muzkalifah during Hajj

2. During a journey

The jam'aah of two salahs while journeying in the time of one of them is authorised (jaiz) by the statements of most experts (ahlu-l 'ilm). There are several ahaadith to support this.⁷ The Hanifiyya allow it only during actual travelling; it is prohibited during a break in the journey. The other three schools allow it during a break as well but they too recommend to pray separately at the propoer times during a break.

3. Due to Rain

It is reported by Al Bukhari that the Holy Prophet, peace and blessings be upon him, combined maghrib with 'ishaa' during a rainy night. The mazaahib have different views on this matter.⁸

4. During sickness and other permissible circumstances

Imam Ahmad, Qadi Husayn, Al Khuttabiy, and Al Mutawai are of one opinion with the Shaafi'iyyah that jama’ah (whether taqdim or ta'khir) is authorised with the excuse of sickness. The Hanbaliyyah widen the scope and authorise jama’ah (whether taqdim or ta'khir) in several other circumstances ('udhur). Imam Ahmad (ibn Hanbal),authorises jama’ah if there is work. An Nasaa'i reports that it is said, "jama'ah is also authorised for cooks, bakers, and the like, and for he who is afraid his goods will spoil."

5. Due to a “Need”

An Nawawi says in Sharh Muslim, "A proportion of the imams hold an opinion that authorises jama’ah through need for one who is resident in a community as long as it is not adopted as a customary practice" There are ahadith to support this.⁹

........and Allah knows best.

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

FOOTNOTES

(1) Surah 2/269

(2) Surah 102/8

(3)

1If you intend to stay in a city for four days or fewer, then you can shorten and combine your prayers.
2. If you intend to stay more than four days, you cannot shorten or combine your prayers.
3. If you're not sure whether or not you'll stay more than four days and you plan to leave as soon as something happens (such as arrival of a person or shipment), you can shorten and combine your prayers for up to eighteen days.
What About Travel Within My Travel?
A resident is anyone who intends to stay in the same city for more than four days and four nights. A traveller is anyone who intends to stay in a city for four days and four nights or fewer. If, for example, your itinerary is as follows:
Stay in Toronto for five days;
Visit Montreal for one day;
Visit Toronto for four days;
Stay in Vancouver for thirteen days;
then you are a traveller during your visit to Montreal and and your second visit to Toronto. During the initial stay in Toronto and the stay in Vancouver, you are a resident. As a traveller, you can shorten and combine your prayers. As a resident, you must offer each prayer completely and during its specific time.

He then explains How to count the Days?

The basic idea is to count all days and nights you'll be at the location while excluding the day or night of arrival and the day or night of departure.
1. If you arrive during the day, start counting at sunset.
2. If you arrive at night, start counting when fajr enters.
3. If you will depart during the day, count up to and including the night before it (that ends at the start of fajr), but not the actual day of departure.
4. If you will depart during the night, count up to and including the day before it (that ends at sunset), but not the actual night of departure.
5. Count the number of days and nights you'll stay. If they total to four days and four nights or fewer, then you are a traveller. Otherwise, you're a resident. Be sure to subtract the day or night of arrival and departure before counting your stay.
Allah the Exalted knows best.

(4) A traveller may shorten his salah as long as he is on a journey. Likewise if he stays in some place for business or some other affair, then he may shorten his salah as long as he is there, even for years. If the person intends to stay in a place for a certain amount of time then, according to Ibn al-Qayyim, he remains a traveller, regardless of whether he plans to stay there for a long or short time, as long as he does not plan to stay [i.e., reside and not return] in the place that he has travelled to. The scholars differ on this point. Summing up and giving his own opinion, Ibn al-Qayyim says: "The Messenger of Allah stayed in Tabuk for twenty days and during that time he shortened his salah and he did not say that one may not shorten his salah if he stays longer than that, although there is agreement that he did stay there for that period of time."

In Sahih al-Bukhari, it is recorded that Ibn 'Abbas said: "The Prophet stayed, during some of his journeys, for nineteen day and he prayed only two rak'at. If we stayed in a place for nineteen days, we would not pray the complete salah. However, if we stayed longer than that, we would perform the whole salah." Ahmad states that ibn 'Abbas was referring to the Prophet's stay in Makkah at the time of its conquest when he said: "The Messenger of Allah stayed in Makkah for eighteen days during the time of the conquest as he had to go to Hunain and was not planning to stay there." This is his interpretation of Ibn 'Abbas' statement. Others say that Ibn 'Abbas was referring to the Prophet's stay in Tabuk as Jabir ibn 'Abdullah said: "The Messenger of Allah stayed in Tabuk for twenty days and performed qasr salah." Imam Ahmad related this in his Musnad. Al-Miswar ibn Makhramah reports: "We stayed with Sa'd in some of the cities of ash-Sham [Syria] for forty days, and Sa'd would perform qasr while we would offer the whole salah." Naf'i relates: "Ibn 'Umar was in Azerbaijan for six months, as there was snow blocking the pass, and he would pray two rak'at." Hafs ibn 'Ubaidullah says: "Anas ibn Malik stayed in ash-Sham for two years and he prayed the salah of a traveller." Anas relates: "The companions of the Prophet stayed in Ram Hurmuz for seven months and they shortened their salah." Al-Hassan reports: "I stayed with 'Abdurrahman ibn Samurah for two years in Kabul, and he shortened his salah but he did not combine the salah." Ibrahim says: "We resided in Rai for a year or more and in Sijistan for two years... [and we prayed qasr]. This is the guidance of the Prophet and his companions, and this is the correct position.

Concerning other opinions which people follow Imam Ahmad say: "If a person intends to stay for four days, he has to offer the whole salah and he may offer qasr if his intention is for less than that. This is based on an interpretation of the reports from the Prophet and his companions [i.e., they never intended to stay for longer than that and would always say: 'We will leave tomorrow,' and so on]. This interpretation is obviously suspect. The Prophet conquered Makkah and stayed there to establish Islam, eradicate polytheism, and to guide the Arabs. It definitely goes, without saying, that such an objective does take more than a day or two to complete. Similarly, his stay in Tabuk was in preparation for the impending war and he knew that this might take longer than just four days. In the same way, Ibn 'Umar's stay in Azerbaijan for six months, and his praying qasr during the entire time was with the knowledge that it takes more than two or three days for such snow to melt and the pass to become traversable. The same is the case with Anas' stay of two years in ash-Sham and his praying qasr and the companions' stay in Ram Hurmuz for seven months while shortening their prayers. It is well known that activities like theirs, such as jihad and guarding, took more than four days." The followers of Ahmad maintain: "If one is staying in a place for the purpose of jihad or due to imprisonment or sickness, then one may shorten one's salah regardless of whether the person thinks that such a situation may last for a short time or a long time." This is correct but there is no proof that such conditions have been stipulated in the Qur'an, Sunnah, ijma' (consensus), or practice of the Prophet's companions. They argued that such conditions are based on what is needed for the person to fulfil his need while remaining a traveller, and that is what is less than four days. His response to them was: 'From where do you derive those conditions, while the Prophet sallallahu alehi wasallam stayed for more than four days, shortening his salah, in Makkah and Tabuk, and he did not mention to anyone anything about it and he never told them that he never intended to stay for more than four days, even though he knew that the people would [strictly] follow his actions concerning the salah. They surely followed him in his shortening of the salah, and he did not object to their praying qasr if they were to stay for more than four nights. This should be made clear as it is very important. Similarly, the companions (as-sahabah) followed him in that and he did not say anything [in objection] to those who prayed with him."

Malik and ash-Shaf'i say: "If one intends to stay for more than four days, he should perform the whole salah, and if he intends to stay for less than that, he is to offer qasr."

Abu Hanifah holds: "If one intends to stay for fifteen days, he should do the qasr. If he intends to stay for less than that, he should not shorten the salah." This is also the opinion of al-Laith ibn Sa'd, and it has also been related from three companions: 'Umar, ibn 'Umar, and Ibn 'Abbas.

Sa'id ibn al-Musayyab is of the opinion that: "If you stay for four days, you pray four rak'at." A statement similar to that of Abu Hanifah's has also been related from him. 'Ali ibn Abi Talib says that if one stays for ten days, he is to perform the whole salah, and the same has been related from Ibn 'Abbas.

Al-Hassan says: "One who does not get to his destination or (city of residence) may shorten salah."

'Aishah says: "One who does not put down his provision is to shorten the salah."

The four imams agree that if one has some need to take care of and always has the intention of leaving the next day, then he may shorten his salah for as long as he is in that state. However, according to one statement of ash-Shaf'i, he may do so only for seventeen or eighteen days and he is not to shorten his salah after that time. Ibn al-Munzhir states in his Ishraf: "The people of knowledge are in agreement that a traveller may perform qasr as long as he does not intend to stay in a place, even though he stays there for years."

(5) Fiqh-us Sunnah, Volume 002, Fiqh 2.114 Section 36. The Prayer Of a Traveler

Section : Nawafli during travel.

The majority of the scholars are of the opinion that it is not disliked to perform nawafil during the state in which one is shortening his salah. On this point, there is no difference between regular sunnah prayers and other nawafl.

Al-Bukhari and Muslim record that the Prophet made the ghusl in the house of Umm Hani on the day of the conquest of Makkah and then he prayed eight rak'at.

Ibn 'Umar reports that the Prophet prayed while riding in whatever direction he was facing and nodding his head [i.e., for the movements of the salah].

Al-Hassan relates: "The companions of the Prophet while on a journey performed supererogatory prayers before and after the fard salah."

Ibn 'Umar and others are of the opinion that there are no nawafl, before or after the fard salah, except for during the middle of the night. He saw some people praying after the salah and said: "If I were to pray, I would have performed the whole salah [as obviously that would have taken preference]. O nephew, I accompanied the Messenger of Allah [on journeys] and he never prayed more than two rak'at until Allah took his soul. And I accompanied Abu Bakr and he did not pray more than two rak'at." He also mentioned the name of 'Umar and 'Uthman, then he recited the verse: "Ye have indeed in the messenger of Allah a beautiful pattern (of conduct)." This is related by al-Bukhari.

Ibn Qudamah combines what al-Hassan and what Ibn 'Umar say by concluding that al-Hassan's report points to the fact that there is no harm in praying nawafil while travelling, whereas Ibn 'Umar's report points to the fact that there is no harm in not praying such nawafil.

(6) Jama’ah (combining) while journeying is a rukhsatun 'aridah (broad concession),

that is, when we are on a safar and need to leave the stopping place before noon (zawaal) the beginning of the time for the zuhr salah) we can postpone (jamu-t takhir) the zuhr salah till 'asr, or if we need to leave after zuhr, we can bring forward (jamu-t taqdim.)'asr to zuhr. However, if were stat a stopping place it would be better if we performed the relevant salah qasr. Abou Ya'faa said, "The permission to jam' the salah during safar pertains when the person who is going to jam' is facing the sort of difficulties which would enable him to miss communal salah (jama'ah) and salaatu-i Jumu'ah ("Friday Prayers") for example, not having arrived at a stopping place."

Some muhaddiths (scientists of hadith) permit jam'aat during safar even though one has already broken the journey at a stopping place. Further, take note of this analysis: It is permitted for a musallin (worshipper) that he combine salaat-ul-zuhr and salaatu-l 'asr by 'bringing forward' (taqdim) : performing the two salahs during the time allotted to the earlier) or 'postponing' (ta'khir: performing the two during the time for the later), and similarly with Salaatu-t maghrib and Salaatu-l Isha', whenever a situation is found to fall under the, circumstances given below:

1. At Arafah and Muzdalifah:

The 'ulama' are agreed that the jam'aat of zuhr and 'asr by 'bringing forward' during the time of zuhr at 'Arafah and between maghrib and 'ishaa' by 'postponing' to the time of 'ishaa' at Muzdalifah is a Sunnah (an authorised practice by the actions, speech or consent of the Messenger of Allah, peace and blessings be upon him), because that is what was done by the Messenger of Allah. peace and blessings be upon him.

2. During a journey

The jam'aah of two salahs while journeying in the time of one of them is authorised (jaiz) by the statements of most experts (ahlu-l 'ilm) there is no distinction between the fact of stopping over or proceeding.

(a) Mu'aadh clarified that the Prophet, peace and blessings be upon him, at the Tabuk Campaign when noon came before he moved off combined 'Asr with Zuhr and when he moved off before noon, he postponed Zuhr until he stopped to perform Salaatu-'Asr. Similarly with maghrib; if the sun set before he moved off, he combined 'ishaa' with maghrib, if he moved off before sunset, he postponed maghrib until he stopped for salatu-l Isha' when he combined the two. (Abu Da'oud and At Tirmidhi. At Tirmidhi said that this hadith is hasan).

(b) Kurayb reported from Ibn 'Abbas that he said, "Should I not inform you about the salah of the Messenger of Allah, peace and blessings be upon him, while journeying?" We said, "Certainly". He said. "if the Sun passed its zenith while he was at his stopping place (fii manzilihil he would combine 'asr with zuhr before he travelled, and if it had not yet passed its zenith while he was at his stopping-place, he would proceed until the time for Salaatu-l 'asr had come when he would stop and then combine zuhr with 'asr. And if the time for maghrib came while he was at his stopping place he would combine 'isha' with it, and if it had not come while he was at his stopping place he would travel until it was 'isha' when he would stop and then combine the two."
This hadith is recorded by Imam Ahmad, and something similar by Imam Ash Shaafi' in his Musnad. Imam Ash Shaafi's wording states, "if he proceeded before the Sun had passed its zenith he would postpone zuhr until he combined it with 'asr in the time of 'asr." This hadith is recorded too by Al Bayhaqi with an excellent chain of authorities, (bi isnaadin jayyid) who comments, "The jam'aat of two salahs by reason of journeying is from those matters whose employment by the sahabahs and tabi'iin (the generation following the death of the Prophet, peace and blessings be upon him) is well known."

(c) It is recorded by Imam Malik in Al Muwattaa' from Mu'aadh that the Prophet, peace and blessings be upon him, on one day during the Tabuk campaign postponed the salah and then he came out and performed zuhr and'asr together, then he went in; then he came out and performed maghrib and 'isha together.

Imam Ash Shaafi commented, "'then he went in; then he came out' cannot be other than he was stopping over (thumma dakhala thutnma kharaia laa yakounu illa wa huwa naazil)". Ibn Qudaamah says in Al Mughniy, after mentioning this hadith, "Ibn 'Abd-l Barr says, 'this hadith is sahih (authoritative), the isnaad (chain of transmitters) is firmly established"4 (Al Mughniy ii : 115-116). Historians (or 'biographers':ahlu-s siyar) state that the Tabuk Campaign was during year Nine. And in this hadith is the clearest demonstration and the strongest evidence for the refutation of those who say that there is no jam'aat of two salahs except if the travelling be renewed. The Prophet, peace and blessings be upon him, had been combining while he was encamped and not proceeding; he was staying in his tent, he came out and performed two salahs together and then he withdrew into his tent. And Muslim recorded this hadith in his ahih, saying, "Thus he had combined uhr and 'asr together, and maghrib and 'isha' together".

Adherence to this hadith is obligatory because of its sureness, it being unequivocal in its provision, there being no contradiction to it, and because jam' is one of the concessions of safar (journeying) which is not a special function of actually being in the process of journeying, as with qasr and mas'ah (during wudu, stroking with wet fingers the footwear or headgear instead of uncovering to wash completely); however a'khir (postponing) is better.

3. Because of Rain

It is recorded by Al Athram in his Sunan from Abou Salamah bin'Abdu-r Rahman that he said, "it is from the Sunnah that if the day is rainy to jam' maghrib with 'ishaa"'. It is reported by Al Bukhari that the Prophet, peace and blessings be upon him, combined maghrib with 'ishaa' during a rainy night. The summary of the Paths (madhhabs) in this matter is

(a) The Shafi'iyyah authorise the combining (jam'aat) of zuhr with 'asr and maghrib with 'isha by 'bringing forward' (jam'u-t taqdim) only for one who is domiciled at a place (muqim), with the conditions that there is rain at the takbiratu-l ihraam of the first salah, at the cession of it, and at the beginning of the second.

(b) According to Imam Malik, jam'u-t taqdim is authorised for maghrib and 'isha' in the mosque because of rain which is actually failing or which is expected to fail, and because of mud and darkness if the mud has much impeded the hard core of people who wear shoes, and is detested (makruh) for zuhr and 'asr because of rain.

(c) The Hanbaliyyah authorise the jam' of maghrib and 'isha' only whether by bringing forward' or 'postponing', resulting from snow, ice, mud, intense cold, and rain which soaks the clothes. This concession is a special favour for he who would perform his salah communally at the mosque coming straight there from a distance. As for he who is already in the mosque, or is performing his salah communally at his house, or who can walk to the mosque covered by something, or who has a mosque close to his home, jam' is not authorised for him.

Sickness and other excuses

Imam Ahmad, Qadi Husayn, Al Khuttabiy, and Al Mutawai are of one opinion with the Shaafi'iyyah that jam'aat (whether taqdim or ta'khir) is authorised with the excuse of sickness because the distress involved in it is considerably greater than with rain. An Nawawi commented, "This is strongly proved."

Ibn Qudamah states in Al Mughniy that the sort of sickness which permits jam'aat is that which, when the performance of each salah in its own time is adhered to, results in distress and weakness. The Hanbaliyyah widen the scope and authorise jam'aat (whether taqdim or ta'khir) for all who have excusing circumstances ('udhur); one who is afraid, a woman who is breast feeding for whom it would be a hardship to wash her clothes at the time of each salaah, a woman who is about to begin her monthly period or just finish (mustahaadah), one who is incontinent, one who is unable to clean himself (tahaarah : wudu', tayammum, or bathing), or one who fears for his life, his belongings, or his merchandise.

Ibn Taymiyah states that the madhhab which is the widest in scope over jam'aat is the madhhab of Imam Ahmad (ibn Hanbal), which authorises jam' if there is work as An Nasaa'i reports (traceable back to the Prophet, peace and blessings be upon him) that it is said, "jam'ut is also authorised for cooks, bakers, and the like, and for he who is afraid his goods will spoil."

5. Due to some need

An Nawawi says in Sharh Muslim, "A proportion of the imams hold an opinion that authorises jam'ut through need for one who is resident in a community as long as it is not adopted as a customary practice". This is the opinion of Ibn Sirin and Ash'hab from the friends of Imam Malik. This is related also by Al Khutabi from Al Qaffai and Ash Shashiy Al Kabir from the followers of Imam Ash Shafi'iy, and from Abou Is'haq, Al Marwaziy, and a body of principals of hadith (ashabu-l hadith). Ibn Mundhir preferred this opinion.

This opinion is strengthened by the statement of Ibn 'Abbas, "The Prophet, peace and blessings be upon him, wished not to hem in his ummat" Ibn 'Abbas did not say because of sickness or similar. This hadith from Ibn 'Abbas (which is reported by Muslim) states, "The Messenger of Allah, peace and blessings be upon him, combined zuhr and 'asr and maghrib and 'isha at Medina with no Alarm and no Rain." A man asked Ibn'Abbas, "What was the aim of the Prophet, peace and blessings be upon him, in doing that?" He replied, "He desired that his ummah should not be hemmed in: armada an laa yuharriju ummatahu."

It is reported by Al Bukhari and Muslim from Ibn 'Abbas that the Prophet, peace and blessings be upon him, prayed at Medina seven rak'ahs (jam'aat) and eight rak'ahs (jam'aat). That is zuhr with 'asr and maghrib with 'isha'.

It is reported by Muslim from 'Abdullah bin haqiq that Ibn 'Abbas gave a lecture one day after 'asr until the sun had set and the stars were visible, upon which one of the people cried "Salah, Salah," 'Abdullah said, "A person from Banu Tamim (maybe indicating himself) cried, 'Salah, Salah' whereupon Ibn 'Abbas replied, "Do you teach me the Sunnah? You son without a mother!" Then Ibn 'Abbas said, "I saw the Messenger of Allah, peace and blessings be upon him, jam' between zuhr and 'asr and maghrib and 'isha"' 'Abdullah bin Shaqiq said that this did not satisfy my heart, so I asked Abu Hurayrah. Abu Hurayrah verified the statement of Ibn 'Abbas."

If, after we have completed offering two alahs during the time of one of them, then excusing circumstances finish before entering the time that the second salah is due, it is not necessary for us to perform the second salah again, it is enough that we have done it, for that salah was performed validly and so the responsibility has been fulfilled. (Fiqh-us Sunnah, 'Salaat-us Safar').

Prior Intention is not a Pre-condition for Jam'aat and Qasr Imam Ibn Taymiyah states-and this is the consensus of 'ulama:- "Whenever the Prophet, peace and blessings be upon him, prayed qasr or jam'aat together with the Sahabahs, he never told any of them to make niyyah (prior intention) to iam' or qasr. indeed, the Prophet, peace and blessings be upon him, left Medina for Mecca and offered two rak'ahs without jam'aat. Again the Prophet, peace and blessings be upon him, offered salaatu-zuhr at 'Arafah without informing the people that he aimed to offer Salaat-ul 'Asr as well afterwards. After the Prophet, peace and blessings be upon him, had offered zuhr he offered 'asr. The Sahabahs thus did not make a niyah to jam'. That was jam'u-t taqdim. It was like that also when he left Medina he offered 'asr two rak'ahs for' Asr at Dhu-l Hulayfah. He did not tell them to make a niyah for qasr."

Concerning the muwalah of the two salahs, Imam Ibn Taymmiyah says, "The reliable opinion does not make this a condition (share) at all, neither for the time of the first salah nor for the time of the second. It ought to be seen that muwalah would defeat the purpose of the concession (rukhsah )'6,, Imam Ash Shaafi' says, "One can offer maghrib at one's home with the intention of jam', and then go to the mosque and offer 'isha'." The same opinion is recorded from Imam Ahmad bin Hanbal. Rules about Musaafir following Muqim, and vice versa

'Imraan bin Husayn states, "The Messenger of Allah did not travel a journey without praying two rak'ahs until he returned, and he resided at Mecca at the time of the Conquest for eighteen nights; he prayed with the people two rak'ahs, except for maghrib, and then he said, 'People of Mecca, stand up and then pray the other two rak'ahs, for we are a group of travellers' (Abu Da'oud, recorded by Imam Ibn Qudaamah in Al Mughniy i : 130.)

It is recorded by Imam Malik that "Abdullah bin 'Umar had prayed four behind the Imam at Mina, and when he prayed on his own he prayed two rak'ahs: (Imam Malik, Al Muwattaa', i:164). Further than that, Imam Ibn Hazm says in Al Muhalla Sharahu-l Mujallah (5:31) that it is possible for us to suffice with only two rak'ahs, even though we pray behind and Imam who is muqim (locally domiciled).

Translated from the Indonesian, and adapted from "Pedoman Shatat", compiled by Shaykh Muhammad Hasbi As Siddiqi, Jakarta.

(7) Ahaadith for jama’ah

(8) Opinions of Mazaahib on jama’ah of rain

(9) Ahaadith for jama’ah of need

(10) Rules about Musaafir following Muqim, and vice versa

Translated from the Indonesian, and adapted from "Pedoman Shatat", compiled by Shaykh Muhammad Hasbi As Siddiqi, Jakarta.

(11) One page

(12) Two pages

(13) Two pages

Please see hereunder for the five pages: