Selected Chapters from al-Mu'tamad: Ch. 11, On the Prayer of Safar (Travel)

The Eleventh Chapter: On the Prayer of Safar (Travel)

It is to be noted, dear student (May Allah help you thank His favours and bounties upon you), that this religion is a religion of ease and mercy. Exalted Allah has made it easy for His servants, and hence He has not overburdened them. As a consequence, the legal rulings vary between the states of health and sickness, and the states of residence and travel.      Amongst the manifestations of this easiness is the reduction of the traveller’s prayer, out of Allah’s mercy and generosity. This is because travel usually involves hardship and difficulties. Hence, the one on travel always longs for his first home till he is back to it.

Section on the Origin of Travel

          Safar (travel), in its linguistic origin, means exposure and clarity. The Arabs say asfara as-Subh, meaning the dawn has become obvious and clear. Also, they say: asfarat al-mar’ah when a woman reveals her hair.¹

          Technically, safar is the travel from one’s home of residence to another place to fulfil a need with the intention of returning home.

          The legal rulings that pertain to safar in Islam are firmly established by the Prophet’s (PBUH) own sayings and practices.

          Of the Prophet’s (PBUH) command on the subject is his statement: ‘The resident should pray seventeen units, raka’ah, and the traveller should pray eleven units’. Moreover, of his (PBUH) practice is that he (PBUH) stayed in Makkah in the year of Conquest for fifteen days, shortening the prayer.

 

Section on the Distance of Safar (Travel)

          Learn, dear brother in Islam, that the opinion adopted by us² is that the least distance after which one should shorten his four-unit prayers (namely the Noon, Afternoon and Night prayers) is two farsakhs (leagues).³ This is the legally considerable distance of travel after which the rulings of safar would apply. This position is backed by what has been reliably attributed to the Prophet (PBUH), recounting that ‘He prayed four units of the Noon prayer in al-Madinah, and prayed two units of the Afternoon prayer in Dhu al-Hulayfah, and the distance between them is approximately two leagues, farsakhs. On the other hand, he was never authentically reported to have shortened his prayer in less than this distance. Allah knows and judges best.⁴

          On this subject are two important attentions, as follows:

          Attention no.1: The counting of the two leagues starts from the boundaries of one’s town,⁵ the end of ’umran. However, if the town is so vast and extended, one could start counting from his own house which he travels from.⁶

          Attention no.2: If a traveller intends to exceed the two farsakhs, he should begin shortening his prayer when he leaves the boundaries of his town, even if he has not exceeded the two leagues yet. This is in accordance with the mainstream view,⁷ provided that he does not intend to sleep during the day or during the night before exceeding the two farsakhs.

          On the contrary, if his travel is within the two farsakhs, or with the intention to sleep during the day or overnight, before exceeding the two farsakhs, then he should not shorten or combine his prayer.

 

Section on the Duration of Safar

          The stronger view contends that the traveller must continue shortening his four-unit prayers as long as he is travelling. An exception is given for those who intend to make their destination a place of permanent residence, watan. This is due to the authentic saying and practice of the Prophet (PBUH). In more detail, he (PBUH) ordered his Companions to shorten their prayers without specifying a certain time period. Furthermore, the Prophet (PBUH) stayed in Makkah, Tabuk and other places, shortening all his prayers, taking into account the default ruling which assumes that the textual evidence should retain its general and unqualified connotation as long as it is not specified or qualified by another valid piece of evidence.

          Thus, the general practice and commandment of the Prophet (PBUH) to shorten the prayer while travelling has to be maintained and implemented as long as one is still travelling, since there is no valid evidence to specify and qualify this general ruling. Had there been any specification, the Lawgiver, Exalted is He, would have explained that to His servants by a Qur’anic verse or Prophetic tradition.

 

Section on the Legal Ruling of Combining Two prayers

          Know, dear brother (May Allah ease the hardship of travel to you), that it is permitted for a traveller, as long as he is still travelling, to combine the Noon and Afternoon prayers, as well as the Sunset and Night prayers, using one adhan and two iqamahs.

          Also, he is free to perform this combination from the beginning of the first prayer time till the end of the second prayer time. If he prays the two prayers during the time of the earlier one, this is called ‘advanced combining’. And if he prays both during the time of the latter one, this is called ‘delayed combining’. Furthermore, he may pray the two during the middle of the two times.

On this section are a few important attentions, as follows:

          Attention no.1: Despite the fact that combining on travel is a legitimate practice, it is better for the traveller, who is staying during his travel in a certain place for a while, to single each prayer, i.e. to perform each prayer in its prescribed time, separately without combining. As for the one who is in an ongoing travel, on the road, he better combines the two prayers. The supporting evidence for this juristic position is the fact that both situations are proven by the authentic practical Sunnah of the Prophet (PBUH).

          Building upon the consistent practice of Allah’s Messenger (PBUH), you come to realise that what some travellers do is baseless, that they always combine the prayers while they are staying temporarily in that place for study or work. This is in contrast to the Sunnah, which should be set as a guiding torch for their entire life.

          Benefit: Combing the two prayers for a traveller is permissible as mentioned above. However, this combining of prayers is recommended for anyone who is on an ongoing journey, and it becomes an emphatic Sunnah in two cases: first, combining the Noon and Afternoon prayers on the day of ’Arafah in the plain of ’Arafah during the earlier time (advanced combination). Second, the following combining of the Sunset and Night prayers in al-Muzdalifah during the latter one (delayed combination).

          Attention no.2: Upon previously discussing the timings for prayers, you learned that the predominant opinion of the two Shaykhs (May Allah preserve them) is that it is permitted to combine the two prayers during residence without shortening. This juristic conclusion is built on the notion of the shared times (ishtirak al-awqat), as indicated in the practical Sunnah of Allah’s Prophet (PBUH).

         Ibn ‘Abbas, the hadith narrator, (May Allah have mercy on him and his father) explained that this concession is to be taken at times of hardship and difficulty. Examples of those who are allowed to combine the two prayers during residence are the following: those who have valid excuses, such as a woman who is suffering from istihadah (false-menstruation bleeding), or a person who is suffering from an inability to control urination (incontinence).⁸ Likewise, the physician who is conducting a surgical operation which extends to the time of the second prayer.

          Attention no.3: Also, you previously learned that the nominal combination (al-Jam’ as-Suri) is not a real combining because, in reality, each prayer is performed at its agreed upon time. In other words, the worshiper prays the Noon at the end of its time, and once he finishes this prayer, the time of the Noon prayer expires and the time of the Afternoon prayer begins. At this point, he prays the Afternoon prayer at its agreed upon time. The same applies to the Sunset and Night prayers. Hence, Muslim jurists have unanimously agreed on the legality of this kind of combination.

 

Section on the Legal Ruling of Shortening the Prayers

          Be informed, dear voyager in the land of Allah, that although the whole Muslim nation (Ummah) agreed on the legality of travel in general, they have differed over the legal rulings concerning some of its details.

          Amongst these disputed issues is the issue of shortening the four-unit prayers for the traveller as to whether it is mandatory or it is just mere rukhsah (concession). The agreed upon position of our Ibadi scholars is that it is imperative, not a concession, due to multiple forms of evidence. Some are mentioned below:

1-     The Prophet’s (PBUH) constant adherence to shortening on all his journeys. In other words, he kept shortening his prayers and was never reported to have completed any four-unit prayer while travelling. This is explicitly stated by many scholars across the different Islamic schools of law.

 

Had not the shortening been mandatory, the Messenger (PBUH) would have explained this by his own word or practice, and no such explanation took place, not even one single time. Furthermore, the Prophet’s (PBUH) adherence to the shortening of prayers while travelling is a practical account of the generality of His Almighty’s command:

﴿وَأَقِيمُوا الصَّلَاةَ ﴾ البقرة: 43

‘And establish prayer’ (Q, the Cow. 2:43).

 

Taking into consideration the juristic principle which states: ‘The practical explanation is given the ruling of the explained text’.⁹

 

2-   The narration of ’A’ishah (May Allah be pleased with her and her father), in which she said: ‘The prayer was prescribed as two rak’ahs, two rak’ahs both while travelling and at the place of residence. The prayer while travelling remained as it was (originally prescribed), but an addition was made to the prayer (observed) at the place of residence’.

 

3-    The narration of Ibn ‘Abbas (May Allah be pleased with him and his father) in which he attributed to the Prophet (PBUH) the words: ‘The resident should pray seventeen units, and the traveller should pray eleven units’.

          Moreover, there is no doubt that a person is always urged to avoid disputes on juristic issues among jurists, and resort to the safe option. This principle is in line with the shortening of the prayer, as maintaining the original ruling of travel — the shortening of prayer — is not to be changed to another ruling except with definite proof, and there is no definite proof in favour of the opposing opinion.

          In addition, this view was reinforced by the practice of the Prophet’s (PBUH) Companions, and confirmed by the consensus of the Muslim Ummah, that whoever shortens his prayer while travelling his prayer is correct, at least in this respect. On the other hand, whoever completes his prayer while travelling has fallen into the area of contention.

          Benefit: The traveller does not complete his four-unit prayers except in two cases: first, if he prays behind a resident Imam who completes his prayer. Second, if he makes up a four-rak’ah prayer, which was broken while in residence, and wants to make up for it while travelling, after its timing has elapsed.¹⁰

          Attention: The Prophet’s (PBUH) statement on travel’s prayer: ‘It is a sadaqah (an act of charity) which Allah has done to you, so accept His charity’, does not serve as a valid proof for those who hold that the shortening of prayer is optional. Rather, it is contrary to what is maintained for two reasons: first, the Prophetic command to accept it ‘So accept His sadaqah, and the legal command is binding. Second, the shortening while travelling being a form of ‘charity’ from Allah that one has to accept is just like the ‘Id being a day of ‘hosting’ from Allah that one must accept, as fasting this day is a sin by the agreement of all Muslim scholars.

 

Fatwa

          Question\ What is the legal ruling regarding an Imam who completes his prayer in a place in which he has to shorten due to him being traveller?

          Answer\ If the traveller completes where he has to shorten, none should pray behind him, except if he is muta’awwil.¹¹ Allah knows best.

          In another fatwa, his Eminence al-Khalili (May Allah recover him) says: ‘Based on him being muta’awwil on what he performs, there is no harm in praying behind him.’ Allah knows best.

Section on Assigning al-Watan (Homeland)

         Get to know (May Allah not deprive you of the favour of homeland and settlement) that among the issues which have been agreed upon by jurists is that there must be at least one homeland for every individual. Practically speaking, it is not acceptable for one to use the whole earth as a place of travel, nor is he allowed to use it as a homeland, as either one necessitates a deficiency on one’s religion, and, as a result, entails neglecting some acts of worship.

          One’s home is where he settles and feels tranquil. When these two conditions (actual settlement and tranquility) are fulfilled in a certain place, that place becomes a home in which he completes his prayer.

          Based on this concept, a person is permitted to assign whatever he wants of watans, homes or homelands, once he has met the relevant conditions in that particular place. As a consequence, this, according to the preponderant opinion, is not restricted to only four watans.

          Attention: Removing one’s home when any of its conditions are absent is just like making it, i.e. it takes place by the heart’s intention, without having to utter certain verbal phrases.

Another Benefit

          Learn, dear brother (May Allah have mercy on you), that some people of knowledge are very strict when it comes to talking between the two combined prayers, to the extent that, legally speaking, they consider both combined prayers to be one single prayer. So much so that they ruled for the invalidity of both prayers by saying “Uf ”.¹² On the contrary, some others hold that such sayings do not affect the validity of this combination,

especially when there is a need to talk. This juristic stance has been adopted by the two Shaykhs, al-Khalili and al-Qannubi (May the Exalted extend their lives).

 

Final Benefit

          Be aware, O seeker of guidance and pursuer of success on the Last Day, that according to the reliable opinion of the two Shaykhs (May Allah preserve them), there is no legal objection for a traveller leading people in either the Friday prayer or any of the five-daily prayers. This view is upheld by the practical Sunnah, when the Conqueror (PBUH) stayed in Makkah for fifteen days and led people in all the prayers.

          In this case, the travelling Imam should notify his local followers to complete their four-unit prayers. To that end, he may say: ‘Complete the prayer as I am on travel’, or something to that effect.¹³

 

Section

 On Some Legal Rulings Concerning Safar Prayer

1-     The shortening of prayers is confined to the four-unit prayers, namely the Noon, Afternoon and Night prayers. As for Sunset and Dawn prayers, they are not shortened.

 

On another level, the combining of two prayers extends to all, except the Dawn prayer which is a non-combinable prayer.

 

2-   Whoever travels from his homeland, watan, after the timing for a particular prayer has become due, and wants to offer that prayer outside his homeland, after having exceeded the two leagues, he has to shorten it, according to the two Shaykhs, al-Khalili and al-Qannubi. The logic behind this juristic choice is that the prayer time from its beginning to its end is a time of performance. Therefore, he has to perform it according to the place where he is when he performs that prayer.

          Likewise, there is a Consensus of all fuqaha’, Muslim jurists, that if a prayer time begins while one is outside his homeland, but he comes back home where he wants to perform that prayer within its prescribed time, he has to perform it in full, not shortened.

 

3-    Praying in short or full within the two leagues,¹⁴ for those who are back from travel follows, in the number of units, the state of the prayer conducted outside the two leagues. To elaborate, if one shortens while travelling, he has to shorten within the two leagues on his return, unless he enters the boundaries of his homeland.

 

In opposition, if he does not shorten on that journey, he should not shorten within the two leagues. This opinion has been preferred by His Eminence the Grand Mufti of Oman (May Allah save him) in his fatawa, legal answers.

 

4-   Both combining and shortening prayers are legally enacted in order to alleviate the difficulty of travel, and not the opposite. On this ground, it is prohibited for a person to go out of the two leagues, farsakhs, only in order to shorten and combine the two prayers, then return home straight away. He does this only out of laziness and slackness.

 

5-   Whoever intends to combine the two prayers, and after he finishes the first one, he chooses to abandon the combining, he can do so.

 

On the contrary, if he commences a prayer with the intention to pray a single prayer, then chooses after taslim to combine, it is better not to combine in order to avoid the disagreement among scholars on this issue. However, the outweighing opinion with our Shaykh al-Qannubi is that it is still legally possible.¹⁵

 

6-   If one intends to combine two prayers, but when he finishes the earlier one, a group of travellers start praying the same earlier prayer which he has just finished. In this case, he should wait for this congregation till it finishes the first prayer, then he is to join them in the second prayer. This pause between the two prayers does not

6-affect the soundness and validity of the combination.

 

Likewise, such a short pause does not affect either prayers if it is for a legitimate need, such as repeating ablution, if broken, or repeating the second prayer, if invalidated.

 

7-    The opinion adopted by the investigative scholars is that the travel on which the prayer is combined and shortened is any kind of travel. As a result, there is no difference between it being a travel in obedience or disobedience.¹⁶

 

8-   When a local resident comes late and catches up with a travelling Imam in a four-unit prayer, he should complete his due prayer first, pray the third and fourth units right after the Imam’s taslim. Next, he should make up for what he has missed.

 

9-   If one’s prayer gets invalidated behind a resident Imam who prays a four-unit prayer, he has to make it up with four units as well, as far as Shaykh al-Khalili (May Allah safeguard him) is concerned. This is justified by the argument that the follower’s prayer are tied up with and connected with that of his Imam, making the obligation upon him four units, not two.

 

10-as-Sunan ar-Ratibah (The regular Sunnah prayers observed before and/or after the five-mandatory prayers) are not legally enacted when one combines two prayers. Only as-Sunan al-mutlaqah (the Sunnah prayers that are not linked with the mandatory prayers, such as ad-Duha and Qiyam al-Layl prayers) are legally enacted and recommended.

 

11-  If a person leaves the ’umran of his town (the boundaries of his homeland) and travels to a certain point, and doubts whether he has exceeded the two leagues or not, then the default ruling — being within the two leagues — has to be implemented. Therefore, he should not shorten his prayers until he is certain that he has passed the two leagues, employing the juristic rule which reads: ‘Certainty is not removed by doubt’.¹⁷

 

12- The child follows his father in his watan (homeland) till he reaches the age of puberty. Similarly, the wife follows her husband. However, for the wife, this ruling is not applied once the marriage contract has been conducted, rather when he transfers her to his house (to live with him).

 

I said: our Shaykh al-Qannubi (May Allah safeguard him( added, upon revising the book: ‘If one reaches the age of maturity while travelling, he should keep on shortening his prayers in that place, because he is not settled there, unless he intends to settle there (i.e. set that place as his homeland, in this case he completes his prayer). This is the correct view’.

 

Juristic issue

          If a person’s prayer is proved to be broken, or he abandons it intentionally, and subsequently he wants to substitute it after the time has passed, he should substitute it according to the place in which it became obligatory upon him (in full if it became obligatory at home, or in short if on travel). For instance, if the Noon prayer breaks while in residence, it should be made up in full, even if he is making up while on travel. Similarly, if one abandons the Night prayer while on travel, he should make it up in short, even if he is making up while in residence.

          However, if the prayer time has not elapsed yet, the prayer is to be performed in full or short, according to the place in which it is performed — as the time of performance is still present not passed.

          As for the one who happens to forget or falls asleep throughout the prayer time, he should substitute it according to the place in which he substitutes, as far as the adopted opinion is concerned. This is founded on the Prophet’s (PBUH) own statement: ‘He who forgets a prayer, or falls asleep (and it was omitted), he should observe it when he remembers it’. For example, if he forgets the Afternoon prayer while travelling, then remembers it in his homeland after the time has elapsed. In this case, he should pray it in full, according to the place in which he is making it up.

­­­__________________________________

¹ - as-Sufur is typically used for a female’s unveiling, especially her head. Hence, sufur is usually contrasted with hijab.

     Saleh. Dictionary of Islamic Words and Expressions. p.221.

² - This is the juristic stance that has been advocated by the scholars of the Ibadi School of Islamic Law, including the two scholars of the time: al-Khalili and al-Qannubi (May Allah save them) as found in their widespread answers. On this ground, if one exceeds the two farsakhs by any form of transport, he has to shorten his prayer, and consequently could combine the two prayers and break the fasting of Ramadan. All of that is a lightening and mercy from the all-Wise and all-Aware.

³ - Farsakh (league) was a well-known form of measuring the distance in the past. Using modern linear measurements, each farsakh is roughly equivalent to six kilometres, which is almost the distance between al- Madinah and Dhu al-Hulayfah.

⁴ - There is no explicit intact hadith ascribed to Prophet (PBUH) which determines the distance of travel after which the shortening of prayer is required. However, this hadith, as stated by the two scholars of Hadith, Ibn Hajar and al-Qannubi, is the closer evidence on this issue. Thus, it is worthier to be taken into account.

⁵ - ’umran of the town, refers to where the buildings and farms of the town ends.

⁶ - This choice was preferred by Imam Muhammad b. ‘Abdullah al-Khalili (May his soul rest in peace) in an answer to the people of Zanzibar.

          I said: this opinion has been also preferred by our Shaykh al-Qannubi (May Allah grant him a speedy recovery) when he commented on it saying: ‘It is a good and valid viewpoint’.

The applicability of this opinion is worth considering in modern-day major cities, whose buildings extend to vast distances, wherein it is legally difficult to set the whole vast city as one single place of residence, watan, as this entails that one cannot take within it the concession of traveller (shortening and combining prayers).

⁷ - al-Qannubi. Fatawa of His Excellency Shaykh al-Qannubi. p.96.

          There is no doubt that it is always better to avoid the areas of dispute between jurists, when possible. In the abovementioned case, he either prays within the boundaries of his town in full, four units, or prays outside the two farsakhs in short, two units.

⁸ - This concession is to be taken if the urine incontinence, or impurity in general, ceases at a certain point of time. However, if it does not stop, and continues throughout the two times, then there is no point in combining. Hence, it is preferable to single performing each prayer in its prescribed time, back to the basics.

⁹ - With regard to the narration which argues that ‘The Prophet (PBUH) would shorten and complete, and fast and break on travel’. It is a weak hadith, and consequently does not serve as a valid proof due to the severe weakness of its chain of transmitters.

¹⁰ - Because if the timing for its performance has not passed yet, he must pray it according to the place in which he is performing his prayer, be it in residence (four units) or on travel (two units).

¹¹ - al-Muta’awwil is the one who does a certain practice believing that it is correct and compatible with the Sunnah of the Prophet (PBU H), basing his act on a valid opinion. Hence, al-muta’awwil does not believe that what he does violates any religious ruling.

¹² - Uf is an Arabic word used to express upset and unrest.

¹³ - As for the narration ‘O People of Makkah, complete your prayer, because we are a group of travellers’, it is correct in terms of meaning, despite being unauthentic from a Hadith viewpoint.

¹⁴ - Within the two leagues means praying in the area between the end of one’s homeland and end of two farsakhs.

¹⁵ - The proof supporting this legal possibility is the fact that it was not narrated authentically that the Prophet (PBUH) would order his Companions to set the intention of combining the prayers prior to the first one, bearing in mind that they were at times hundreds or even thousands as was the case in the Farewell Pilgrimage and other occasions.

¹⁶ - Amongst those prominent Ibadi scholars who were in favour of this opinion are Ibn Barakah, Abu Sa’id, as-Salimi and Shaykh Ibrahim al-’Abri the former Grand Mufti of the Sultanate. Also, it is the one outweighed by Shaykh al-Qannubi (May Allah protect him) in some of his juristic answers.

¹⁷ - This is a practical example of one of ‘The Five Comprehensive Rules’ which is agreed upon by the overwhelming majority scholars across all Islamic schools of law.

 

Reference:

The Reliable Jurisprudence of Prayer, al-Mu’tamad fi Fiqh as-Salah, by al-Mu’tasim al’Ma’wali, pg: 356-375.