Fiqh of Musafir

http://islamqa.org/hanafi/qibla-hanafi/36063

WHO IS A MUSĀFIR?

1. The person who sets out with the intention of eventually travelling three manzils (approx. 77 km) * is regarded as a musāfir in the Sharī‛ah.

2. The moment he comes out of the boundaries of his town or city he becomes a musāfir. Within the boundaries of his town or city, he will not be a musāfir.

If the airport is within the boundaries of the city (in the sense that the buildings of the city are linked to it without a considerable break in between) it will fall under the rule of the city and the person will not be considered a musāfirwhen he reaches it. If it is outside the boundaries, then upon reaching it, the person will be regarded as a musāfir.

PRINCIPLE: A person will not become a musāfir until he firmly intends to travel 77 km from the place he is in.

Thus a person who travels from place to place, intending to travel less than 77km each time, will not become a musāfir – even if he travels the entire world in this way!

THE (QASR) SALĀH OF A MUSĀFIR

1. When a person qualifies as a musāfir according to the Sharī‛ah he is required to offer two rak‛ahs for the Fard of Zuhr, ‛Asr and ‛Ishā’ salāh. The other salāhs remain as normal.

2. More than two rak‛ahs should not be offered for the Fard of Zuhr, ‛Asr and ‛Ishā’ salāh. If a person mistakenly offered four raka‛āt for these salāhs, and he had sat down for Tashahhud (al-Tahiyyāt) in the second rak‛ah, then the first two rak‛ahs will be regarded as Fard and the other two rak‛ahs as nafl.

3. In the above case he will have to make sajdah al-sahw. If he did not make sajdah al-sahw then he must repeat the salāh if its time still remains.

4. If he did not sit in the second rak‛ah then all four raka‛āt will become nafl and he will have to repeat his Fardsalāh.

BECOMING A MUQĪM (RESIDENT)

1. A person will remain a musāfir and will continue offering two rak‛ahs for the four-raka‛āt salāhs until he makes the definite intention of staying at a place for fifteen days or more.

2. The place where he makes this intention is known as his Watan al-Iqāmah. He must offer four raka‛āt salāhhere.

3. If he makes the intention of staying for 15 days whilst in salāh then he must offer this very salāh as a muqīm i.e. 4 raka‛āt.

PRINCIPLE: A musāfir will not become a muqīm until he firmly intends to stay at a place for a period of fifteen days from the time he makes this intention.

Based on the above principle consider the following two cases:

a) A person stops at a place intending to stay for two or three days. Due to circumstances every day he makes the intention of leaving the following day but he still does not leave. In this way fifteen days, twenty days, a month or even more passes, but he did not, at any point, make the firm intention of staying there for fifteen days. In this case he will remain a musāfir irrespective of how many days he stays at that place.

b) A person intends to stay at a place for ten days but after seven days he decides to extend his stay by an additional ten days (which will make his total stay twenty days.) In this case he will remain a musāfir. This is because after he had decided to stay ten more days there were thirteen days of his total stay remaining. Hence at no point did he make the intention to stay for fifteen days. In other words, ‘fifteen days’ is considered from the time he changed his intention and not from the beginning of his stay.

4. The intention of staying fifteen days has to be for staying the full fifteen days at one place. If he makes an intention of staying for 15 days at two different places, and the distance between the two places is such that the adhān of one place cannot be heard at the other, then he will be a musāfir in both those places.

E.G. If a person intends staying for 10 days in Makkah and 5 days in Minā he will be a musāfir both in Makkah and Minā.

Thus a Hāji who arrives in Makkah less than fifteen full days before the morning of the 8th of Dhū al-Hijjah will be a musāfir.

If he arrives in Makkah fifteen days or more before the 8th then he will be a muqīm both in Makkah and Minā.

5. If in the above case (i.e. Law 4) he intends spending all the fifteen nights at one place then he will be a muqīmin that place.

6. If both places are so close that each other’s adhān can be heard, then both places will be regarded as one place. He will become a muqīm in both places by intending to stay there for 15 days.

7. After becoming a muqīm (by firmly intending to stay at a place for fifteen days) if he changes his intention and decides to leave before fifteen days then he will not become a musāfir.

*When he leaves with the intention of eventually travelling to another place that is at a distance of 77 kilometres or more then only will he become a musāfir. If that place is less than 77 kilometres away, he will not become a musāfir

http://seekershub.org/ans-blog/2010/07/25/shortening-prayers-when-traveling-for-leisure/

Question: Can you please tell me if it is permissible to shorten prayers if one travels to a location which is over 120 km. Note that I just plan to stay there for an afternoon and possibly the evening hours. I am just curious as to whether my situation is like that of a traveler even though I’m simply going for a leisure purpose or must I still pray the full set of prayers (e.g. 4 for Zuhr and 4 for Asr)? 

Answer: Wa alaykum assalaam wa rahmatullahi wa barakatuh,

I pray that you’re well, insha’Allah.

Yes, it would be permitted for one to shorten one’s prayers in the Hanafi School in this case. [Shurunbulali, Maraqi al-Falah]

You should shortens the Zuhr, `Asr and `Isha prayers from 4 cycles (rak’ahs) to 2 cycles (rak’ahs). One begins shortening when one has left one’s city boundaries. [ibid] It is noteworthy to remember that one only shortens the obligatory 4 cycle (rak’ah) prayer to 2 cycles (rak’ahs) and nothing else.

In the Hanafi School, the reason for shortening prayers is due to the travel itself, namely traversing a specified distance. The reason for traveling is of no consequence. Since you will be traversing the required distance and staying in the specified location for less than 15 days, you will be legally considered a traveler. Therefore, you should shorten your prayers.

And Allah knows best.

wassalaam,
Tabraze Azam

Checked & Approved by Faraz Rabbani

Question: Does one pray missed prayers during a state of traveler in full if making them up while resident?

Answer: assalamu `alaykum

No, prayers missed while one was a traveler are made up as they were missed, namely shortened. Therefore, a Dhuhr prayer, for example, missed while a traveler is made up as two cycles even when one is making the prayer up as a resident.

This is based on the fact that:

a. Performing prayers shortened is necessary (wajib) when one is a traveler, and
b. Missed prayers are made up as they were obligated on an individual.

Since the obligation relating to the Dhuhr, `Asr, and `Isha prayers is to pray them shortened in a state of travel, one will make these prayers up as they were obligatoed on one. This is regardless of whether one is a traveler or a resident when making up such a prayer.

[Ibn `Abidin, Radd al-Muhtar; Fatawa Hindiyya]

Wassalam
Salman

Checked & Approved by Faraz Rabbani

http://islamqa.org/hanafi/askimam/28662

Mufti, when you answer the questions, could you please answer as they apply to me And a general ruling (Islamic rule on the subject) so that others can benefit from this discussion. My situation is as follows: I go to work 5 days a week throughout the year. The distance from my home to work is approximately 45-miles one-way trip (90-miles round-trip). Question1: Since I do this traveling regularly, am I classified as a traveler? Question2: At work, when I pray Zuhr, Asr, and Maghrib, should I offer them as regular prayers or should I offer the Qasr prayer during those prayer times? — I also want to mention that Alhumdulilah, I have space and time for prayer at work, i.e. my employer has no objections with me performing my prayer. Question3: On Jummah, I go to the local musjid which is 10-miles further away from my work. Do I pray the Jummah prayer as I would normally do (i.e. sunnat, jummah fardh, followed by sunnat(s)) or is it something different? Question4: In general, if a person is traveling long distances and finds musjid to pray in, does that person offer Qasr salat or the normal rakats for salat if: A) praying behind an Imam in congregation? B) not praying behind an imam that is the congregation has ended? Question5: Suppose, if on a long trip a person instead of offering the Qasr prayer offered the prayer as he/she would normally do at home (either by mistake OR intentionally) is there any harm? (i.e. are we disobeying Allah)

Answer

1. You will not be regarded as a traveller as your journey does not exceed the Shar?ee distance of Safar, which is 55 miles.

2. At work, you will offer Salaat as normal as you are not a Musaafir.

3. On the day of Jumu?ah, you will be considered a Musaafir since you intend to travel an extra 10 mile which brings your total distance to 55 miles. Therefore, you will perform Qasr for the Asr Salaat which you read at work. There is no Qasr for Maghrib. The Jumu?ah Salaat will be performed as normal. However, if you are in a hurry, you will be excused for leaving out the Sunnah.

4. If a person is Musaafir and he performs Salaat behind a Muqeem Imaam, then he will perform the full Salaat. If he reads alone or he (the Musaafir) is the Imaam he will make Qasr. (Ahkaamul Musaafir pg.144)

5. It is Waajib for a Musaafir to perform Qasr Salaat. Therefore, if one intentionally performs the full Salaat, it is Waajib for him to repeat the Salaat. If he performed the full Salaat mistakenly, then the following cases will apply:

a. If he left out the first Qa?dah (sitting for Tashahhud), then it is Waajib for him to repeat the Salaat.

b. If he sat for the first Qa?dah, then if he performs Sajdah-e-Sahw, his Salaat will be correct. If he does not perform Sajdah-e-Sahw, then it will be Waajib to repeat the Salaat. (Ahkaamul Musaafir pg.135)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desa

For traveling in a plane/train etc., this has to be followed:

When you undertake a journey, you should first consider your Salaat and schedule your travelling in a way that enables you to perform Salaat out of the mode of transport. If that is not possible, then you should make arrangements to perform Salaat in the mode of transport. That is easily possible when travelling by plane or train. In doing so, ensure that you do not cause any inconvenience to the flight or programme in an aeroplane. Request the flight attendants service for performing Salaat in the plane. 

The Salaat in the plane and train must be performed with the Qiyaam (standing posture) and facing the Qibla direction. In a plane, generally, there is no sudden change in direction. If that happens in the train while performing Salaat, then you should change direction accordingly. The Salaat performed in the plane or train in the standing posture while facing and maintaining the Qibla direction will be valid. The Salaat does not have to be repeated. If you are unable to perform Salaat in the bus with those two conditions, standing and Qiblah, then perform Salaat on the seat and thereafter repeat the Salaat.