Salah of a Traveller (Musafir)

[ummtaalib]

SALAAT ON A JOURNEY

1. If a person travels for a few kilometres, no rule of the Shariah changes because of this journey. According to the Shariah, he will not be regarded as a musafir. He will have to do everything in the same way that he would have done at home. He will have to offer four rakaats for those salaats that are of four rakaats. If he is wearing leather socks, he can only make masah for twenty four hours and thereafter masah will not be permissible.

2. The person who sets out with the intention of travelling three manzils is regarded as a musafir in the Shariah. The moment he comes out of the boundaries of his town or city, he is a musafir according to the Shariah. As long as he moves around within the boundaries of his town or city, he will not be a musafir. If the railway station is within the boundaries of the town, it will fall under the rule of the town. If it is out of the boundaries, then upon reaching it, the person will be regarded as a musafir.

3. Three manzils means that most people who on foot, normally reach that place in three days. Presently, this is estimated at being approximately 77 kilometres. [ah: Jamiatul Mufteen South Africa had collectively ruled it to 78kms]

4. If a place is so far that when it is calculated according to the pace of a man or camel it is three manzils, but when calculated according to a hand-driven cart or a horse and cart, one could reach there in two days. Or, if one travels by train, one would reach there in a short space of time - then in all these cases the person will still be regarded as a musafir.

5. If a person is termed a musafir according to the Shariah, he has to offer two rakaats each for the zuhr, asr and esha salaats. As for the sunnah salaats, the rule is that if he is in a hurry, then apart from the sunnah of fajr salaat, it will be permissible for him to leave them out completely. There will be no sin in leaving them out. If he is not in a hurry and does not fear his companions leaving him behind, he should not leave the sunnahs out and should offer them completely. It is not permissible to reduce the number of rakaats (for sunnah salaats).

6. There is no reduction in the fajr, maghrib and witr salaats as well. He has to offer them completely as he normally does.

7. More than two rakaats should not be offered for the fard of zuhr, asr and esha salaats. To offer four rakaats is a sin just as it is a sin to offer six rakaats for the fard of zuhr salaat.

8. If a person mistakenly offers four rakaats, and he had sat down after the second rakaat and recited the at-tahiyyaat, then the first two rakaats will be regarded as fard and the other two rakaats as nafl. He will also have to make sajdah-e-sahw. But if he did not sit after the second rakaat, all four rakaats will become nafl and he will have to repeat his fard salaat.

9. If a person stopped at a place during the course of his journey, he will remain a musafir if he made the intention of staying at that place for less than fifteen days. He will have to continue offering two rakaats for the four rakaat salaats. But if he made the intention of staying there for fifteen days or more, he will no longer be a musafir. Thereafter if he changes his intention and decides to leave before fifteen days, even then he will not become a musafir and will have to offer all his salaats completely. When he leaves that place, he will become a musafir only if that place where he intends to go to is at a distance of about 77 kilometres. If that place is less than 77 kilometres away, he will not be a musafir.

10. A person left home with the intention of travelling 77 kilometres, but before leaving he also made this intention that he will stop over at a particular place for 15 days. He will not be regarded as a musafir. He will have to offer complete salaat throughout his journey. If on reaching that place he did not stay there for 15 days, he will still not be a musafir.

11. A person intends travelling 77 kilometres but his house falls within this distance - even then he will not be a musafir.

12. A woman left with the intention of travelling approximately 92 kilometres. However, the first half of the journey passed while she was in her haid. Even then she will not be a musafir. She will have to have a bath and offer the full four rakaats. However, if she became pure from her haid and there is still a distance of 77 kilometres or more to cover, or, when she left home she was pure and got her haid in the course of the journey, then she will be a musafir and will have to offer her salaat as a musafir.

13. While offering his salaat, a person made the intention of staying for 15 days. He will no longer remain a musafir and will have to offer this very salaat completely.

14. A person stopped at a particular place for two or three days, but due to certain circumstances he does not leave that place. Every day he makes the intention of leaving the following day or the next day, but does not leave. In this way, he stays at that place for fifteen days, twenty days, a month or even more than that. But he never made the intention of staying there for fifteen days. He will remain a musafir irrespective of how many days he stays there.

15. A person left with the intention of travelling 77 kilometres but after travelling some distance, he changes his mind for some reason or the other and decides to return home. From the moment he makes the intention of returning, he will no longer be a musafir.

16. A woman is travelling with her husband. In the course of the journey, she will stop when he stops and will not stop for a longer period than that without him. In such a case, the intention of the husband will be taken into consideration. If the husband intends stopping at a place for 15 days, the wife will not be a musafir as well irrespective of whether she makes the intention of stopping or not. And if the husband intends staying for less than 15 days, she will also be a musafir.

17. A person travelled 77 kilometres and reached his home. He will not be a musafir irrespective of how long he stays there. If it is not his house and he made an intention of staying there for 15 days or more, then too he will not be a musafir. He will have to offer all his salaats completely. And if it is not his house nor does he intend staying there for 15 days, he will be a musafir even after reaching that place. He will have to offer two rakaats for all the four-rakaat fard salaats.

18. A person intends to stop over at several places during the course of his journey: 10 days here, 5 days there, 12 days at another place - but does not have the intention of stopping over anywhere for 15 days - he will still remain a musafir.

19. A person shifted from his home town and became a resident of another place and he has nothing to do with the first place. So now his former home town and any other place will be the same. If that former place of his falls on any journey of his and he intends staying there for a few days, he will remain a musafir. He will have to offer all his salaats as a musafir.

20. A person missed a few salaats of his while on a journey. Upon reaching home he will have to offer only two rakaats when making qada of zuhr, asr and esha salaats. If he misses any salaat such as zuhr before embarking on a journey, and makes qada of it while on his journey, he will have to offer the full four rakaats.

21. After her wedding, a woman began living solely with her in-laws. So now her actual home will be that of her in-laws. If she travels 77 kilometres and goes to her parents home and does not intend staying there for more than 15 days, she will be a musafir. She will have to offer her salaats and keep her fasts according to the rules laid down for a musafir. But if she did not intend staying with her in-laws forever, then that place which was her former home will still be regarded as her original home.

22. A ship is sailing and salaat time has entered. Salaat will have to be offered in that moving ship. If one feels dizzy by standing, one should sit and offer one’s salaat.

23. The same rule applies to a moving train. That is, it is permissible to offer salaat in a moving train. If he feels dizzy by standing or fears that he will fall, he can sit and offer his salaat.

24. While offering salaat, the train turned and the direction of the qiblah also changed. The person will also have to turn in his salaat and face the qiblah.

25. If a woman wishes to travel 77 kilometres or more, then as long as she does not have a mahram from among the males or her husband, it will not be permissible for her to travel. It is a major sin to travel without a mahram. It is not good to even travel less than 77 kilometres without a mahram. Prohibition in regard to this has also been mentioned in the Hadith.

26. It is also not permissible to travel with that mahram who does not fear Allah and His Rasul sallallahu alayhi wa sallam and does not conform to the Shariah.

27. A woman is travelling on a carriage or ox-wagon and salaat time enters. She should get off and offer her salaat in a secluded place. Similarly, if she cannot make her wudu on the carriage, she should get off and make her wudu in a concealed place. If she does not have her head-covering (burqah) with her, she should wrap herself properly with a sheet or something and then get off and offer her salaat. To make very strict purdah whereby she misses her salaat, is haraam. The ruling of the Shariah should be given preference to everything. Even in purdah, the limit which has been specified by the Shariah has to be maintained. To go beyond the limit of the Shariah and to transgress the laws of Allah is a sign of stupidity and immaturity. However, to be unnecessarily negligent in the matter of purdah is also shameful and sinful.

28. If she is so sick that she has to sit and offer her salaat, even then it will not be permissible to offer salaat in a moving ox-wagon. If the ox-wagon is at a standstill, but it is resting on the shoulders of the oxen - even then it will not be permissible to offer salaat on it. The oxen will have to be removed and then salaat offered. The same rule applies to a carriage, i.e. as long as the horse is not separated from the carriage, salaat in it will not be permissible.

29. If a person is excused from standing and offering salaat, it is permissible for him to offer it sitting down even while he is in a carry couch or palanquin. But this will only be permissible if the carry couch or palanquin is placed on the ground. It will not be permissible to offer salaat if it is still resting on the shoulders of those carrying it.

30. If a person fears for his life or possessions by getting off a camel or ox, his salaat will be valid without getting off.

31. A person makes an intention of staying for 15 days at two different places, and the distance between the two places is such that the adhaan of one place cannot be heard at the other place. For example, he intends staying for 10 days in Makkah and 5 days in Mina which is approximately 5 kilometres from Makkah. In such a case he will be a musafir.

32. If in the above mentioned mas'ala he intends spending the night at one place and the day at the other place, then that place where he spends the night will be regarded as his watan-e-iqaamat. It will not be permissible for him to shorten his salaat over here. As for the place where he intends spending the day, if it is at a distance of 77 kilometres from the first place, then by going there he will be a musafir. If it is less than that distance, he will not be a musafir.

33. If in the above mentioned mas'ala, both places are so close that each others adhaan can be heard, then both places will be regarded as one place. He will become a muqeem in both places by intending to stay there for 15 days.

34. A muqeem can follow an imam who is a musafir under any condition, irrespective of whether it is a salaat for that time or for a qada salaat. When the musafir imam completes his salaat, the muqeem muqtadi should stand up and complete his salaat. He should not make any qira'at, instead, he should remain silent. This is because he is regarded as a laahiq. Since this muqtadi is following this imam, the first qa'dah will also be fard on him. Once the musafir imam makes his salaam, it is mustahab for him to inform his followers that he is a musafir. And even better than this is to inform them before commencing with the salaat.

35. A musafir can also follow an imam who is a muqeem as long as it is within the time of that salaat. If the time has expired, then he can follow him for the fajr and maghrib salaats and not for the zuhr, asr, and esha salaats. This is because if the musafir will follow a muqeem, he will also follow the imam and offer the full four rakaats. And the first qa'dah of the imam will not be fard while his will be fard. In this way, the person offering fard salaat will actually be following one who is not offering a fard salaat. And this is not permissible.

36. If a musafir decides to become a muqeem while he is in his salaat, he will have to offer it completely and it will not be permissible for him to shorten his salaat. This is irrespective of whether he makes this intention in the beginning, middle or at the end - as long as it is made before making sajdah-e-sahw or the salaam. If he made this intention after sajdah-e-sahw or the salaam, this salaat will not be offered completely. If he makes this intention after the expiry of the time or while he is a laahiq, this intention of his will have no effect on this salaat. And if this salaat is going to be a four rakaat salaat, he will have to shorten it. Examples: (1) A musafir commenced zuhr salaat. After offering one rakaat, the time for that salaat expired. Thereafter he made the intention of becoming a muqeem. This intention will not have any effect on his salaat and he will have to shorten his salaat. (2) A certain musafir was a muqtadi of another musafir and became a laahiq. He then began offering the rakaats which he had missed. He then made the intention of becoming a muqeem. This intention of his will have no effect on this salaat of his. If this salaat is a four rakaat salaat, he will have to shorten it and offer only two rakaats. 

 

 Original Article Source: Heavenly Ornaments by Ml. Ashraf Ali Thanvi 
ilmhub

[ummtaalib]

Calculating the safar distance

 

Q: From where should a Musaafir start calculating his safar distance? Should he commence from his residence or from the border of the area he resides in?

A: He should start calculating the safr distance from the border of the area. The border of the area refers to the place where the residential area ends.

( من خرج من عمارة موضع إقامته ) من جانب خروجه وإن لم يجاوز من الجانب الآخر وفي الخانية إن كان بين الفناء والمصر أقل من غلوة وليس بينهما مزرعة يشترط مجاوزته وإلا فلا ( قاصدا ) ولو كافرا ومن طاف الدنيا بلا قصد لم يقصر ( مسيرة ثلاثة أيام ولياليها ) من أقصر أيام السنة ولا يشترط سفر كل يوم إلى الليل بل إلى الزوال ولا اعتبار بالفراسخ على المذهب ( بالسير الوسط مع الاستراحات المعتادة ) حتى لو أسرع فوصل في يومين قصر ولو لموضع طريقان أحدهما مدة السفر والآخر أقل قصر في الأول لا الثاني ( صلى الفرض الرباعي ركعتين ) وجوبا (الدر المختار 2/ 121) 

قال الشامي : قوله ( من خرج من عمارة وضع إقامته ) أراد بالعمارة ما يشمل بيوت الأخبية لأن بها عمارة موضعها قال في الإمداد فيشترط مفارقتها ولو متفرقة وإن نزلوا على ماء أو محتطب يعتبر مفارقته كذا في مجمع الروايات ولعله ما لم يكن محتطبا واسعا جدا اه وكذا ما لم يكن الماء نهرا بعيد المنبع وأشار إلى أنه يشترط مفارقة ما كان من توابع موضع الإقامة كربض المصر وهو ما حول المدينة من بيوت ومساكن فإنه في حكم المصر وكذا القرى المتصلة بالربض في الصحيح بخلاف البساتين ولو متصلة بالبناء لأنها ليست من البلدة ولو سكنها أهل البلدة في جميع السنة أو بعضها ولا يعتبر سكنى الحفظة والأكرة اتفاقا إمداد وأما الفناء وهو المكان المعد لمصالح البلد كركض الدواب ودفن الموتى وإلقاء التراب فإن اتصل بالمصر اعتبر مجاوزته وإن انفصل بغلوة أو مزرعة فلا كما يأتي بخلاف الجمعة فتصح إقامتها في الفناء ولو منفصلا بمزارع لأن الجمعة من مصالح البلد بخلاف السفر كما حققه الشرنبلالي في رسالته وسيأتي في بابها والقرية المتصلة بالفناء دون الربض لا تعتبر مجاوزتها على الصحيح كما في شرح المنية أقول إذا علمت ذلك ظهر لك أن ميدان الحصا في دمشق من ربض المصر وأن خارج باب الله إلى قرية القدم من فنائه لأنه مشتمل على الجبانة المتصلة بالعمران وهو معد لنزول الحاج الشريف فإنه قد يستوعب نزولهم من الجبانة إلى ما يحاذي القرية المذكورة فعلى هذا لا يصح القصر فيه للحجاج وكذا المرجة الخضراء فإنها معدة لقصر الثياب وركض الدواب ونزول العساكر ما لم يجاوز صدر الباز بناء على ما حققه الشرنبلالي في رسالته من أن الفناء يختلف باختلاف كبر المصر وصغره فلا يلزم تقديره بغلوة كما روي عن محمد ولا بميل أو ميلين كما روي عن أبي يوسف قوله ( من جانب خروجه الخ ) قال في شرح المنية فلا يصير مسافرا قبل أن يفارق عمران ما خرج منه من الجانب الذي خرج حتى لو كان ثمة محلة منفصلة عن المصر وقد كانت متصلة به لا يصير مسافرا ما لم يجاوزها ولو جاوز العمران من جهة خروجه وكان بحذائه محلة من الجانب الآخر يصير مسافرا إذ المعتبر جانب خروجه اه (رد المحتار 2/ 121)

وإذا فارق المسافر بيوت المصر صلى ركعتين لأن الإقامة تتعلق بدخولها فيتعلق السفر بالخروج عنها وفيه الأثر عن علي رضي الله عنه لو جاوزناهذا الخص لقصرنا ولا يزال على حكم السفر حتى ينوي الإقامة في بلدة أو قرية خمسة عشر يوما أو أكثر وإن نوى أقل من ذلك قصر لأنه لا بد من اعتبار مدة لأن السفر يجامعه اللبث فقدرناها بمدة الطهر لأنهما مدتان موجبتان وهو مأثور عن ابن عباس وابن عمر رضي الله عنهم والأثر في مثله كالخبر والتقييد بالبلدة والقرية يشير إلى أنه لا تصح نية الإقامة في المفازة وهو ا لظاهر (الهداية 1/ 166)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)