The Criteria to be a Traveller and Shorten the Prayers

 The Criteria to be a Traveller and Shorten the Prayers 

Faiyaz M. Khan

Islam recognises the hardships that travellers endure; thus, allowing them dispensations to alleviate their difficulties:[1] these include allowing Muslims to forgo obligatory actions like fasting during Ramadan and missing Friday prayers.[2] Prophet Muhammad acknowledged this when he affirmed that, “Travelling is a kind of torture …”[3] Furthermore, travelling has been a part of Islam from the beginning with the early Muslims undertaking journeys for the two hijras,[4] and going for umrah, hajj[5] and jihad.[6]

In regard to the daily prayers while on a journey, the Qur’an states, “And when you travel throughout the land, there is no blame upon you for shortening the prayer …”[7] Aisha, the prophet’s wife, explained that historically when the daily prayers were made obligatory in Mecca, the prayers were “in sets of two rak’at.”[8] When the prophet migrated to Medina, “two rak’at were added to each” prayer, except the after sunset (maghrib) and pre-dawn (fajr) prayers.[9] The other three prayers are shortened while on a journey: the midday prayer (zuhr), the mid-afternoon (asr) prayer and the night (isha) prayer.[10] Therefore, when a person travels, they revert to the initial two rak’at prayer as prescribed in Mecca.[11] Al-Qurtubi, however, cast doubt on the wording of the hadith, which asserts that all prayers consisted of two rak’at; as maghrib and fajr prayers have always been the same length.[12] Notwithstanding, Ibn Umar, the companion, travelled with the prophet, Abu Bakr, Umar and Uthman, and reported that all of them shortened their prayers.[13] Therefore, the four schools of thought are unanimous on the legitimacy of shortening prayers during a journey.[14]

The four schools of thought differed on whether shortening the prayer for the traveller was obligatory (wajib), merely permissible (sunna), just desirable (mubah), or prohibited (haram) without the reason of fear.[15] The disagreement stems from the fact that the companions of the prophet did not unanimously shorten their prayers on journeys, some would do so, while others would not.[16] This is evidenced by the actions of Aisha, who would sometimes shorten her prayers on a journey, while at other times she would not.[17] Ibn Rushd contends that authentic hadith on this matter do not support the stance that it is wajib or sunna, he claims that all it indicates is “leniency, exemption and the removal of hardship.”[18] He further maintains that the opinion that shortening the prayer is only permitted in a state of fear is “a deviant opinion,”[19] as it goes against the clear words of the Qur’an and hadith.[20] Moreover, Al-Qurtubi asserts that the prophet shortened his prayer when on a journey, while he only feared Allah – implying that he was never fearful of his enemies,[21] although other scholars disagreed with him.[22] Nonetheless, the majority of scholars affirm that shortening the prayer is not an obligation,[23] rather it is a dispensation that is up to the traveller to make use of or not.

As the Qur’an and the Sunna do not define what constitutes travelling, scholars have relied on the Arabic linguistic definition used by the Arabs: which is a person leaving their residence and travelling for three days.[24] As a result, scholars used this definition to calculate the distance a person would travel by camel or on foot for three days,[25] which is estimated to be between 45 to 50 miles,[26] or between 77 to 88.86km.[27] However, scholars differed on the exact distance that permits a Muslim to shorten the prayer, as the companion Anas ibn Malik reported that the prophet would shorten his prayers after travelling “three miles or three farasakhs;”[28] with there being a difference of opinion about the length of one farasakh, from three miles[29] to 5541[30] and 5544 metres.[31] Ibn Rushd also points out that the hadith of Anas is weakened because Shuba, one of the narrators in the chain, was unsure whether it was three miles or three farasakhs.[32] Furthermore, the caliph Umar shortened his prayer when he travelled “seventeen or eighteen miles.”[33] While the consensus of the companions is a conclusive proof for a practice in Islam: contradictory statements of the companions do not have the same status.[34] As there are no definitive proofs from hadith for the exact distance that permits a person to shorten the prayer, [35] distance cannot be relied upon to be a fundamental criterion for shortening the prayer. Especially in modern times where fast modes of transportation such as trains, planes and cars, means that long distances can be traversed in a short period of time. Therefore, conditions that make a person a traveller today should focus on intention and leaving one’s place of residence, rather than distance.[36] Al-Nawawi agrees, stating that distance should not be a condition to shorten the prayer, and that when a person leaves their town or village they are deemed to be travelling.[37]

All four schools of thought agree that the validity of shortening the prayer depends on a person’s intention to “undertake a journey.”[38] This intention has two conditions: firstly, that the person intends to travel the whole distance from the start of their journey, and secondly, that the intention is not dependent on anyone else.[39] Therefore, aimlessly travelling to places does not permit a person to shorten their prayer, and the same is true for those who are not independent to form their own intention, like servants, wives and soldiers, as they are subject to the intentions of their employers, husbands and superiors respectively.[40] These conditions are necessary, so that travellers are clear as to who is able to shorten their prayers on a journey and who is not. Hence, intention is a fundamental criterion to judge if a person is a traveller and whether they are permitted to shorten their prayers.

There is unanimous agreement amongst the four schools that a traveller needs to travel beyond a certain distance outside their locality or residence in order to begin to shorten their prayers.[41] In modern times, in cities and towns this would be the city or town boundary.[42] Today, when a person leaves their residence for the train station or airport or when they have driven passed the city boundaries, they are all considered travellers. There is evidence that some students of the companion, Ibn Mas’ud, shorted their prayers at their residence after they had made the intention to travel.[43] While this proof is not authoritative, it gives evidence of such reasoning. Therefore, although the prophet did not shorten his prayers until he had left Medina,[44] modern travellers who wait at train stations and airports for their trains and airplanes should be able to shorten their prayers as long as their intentions are valid: as trains and airplanes are able to exit a city within a short period of time. In any case, long waiting times at train stations and airports are a hardship for most travellers, which shortening the prayers can alleviate.

The purpose of the journey is an important factor that needs to be considered, as there is a consensus of scholarly opinion that permits shortening the daily prayers for travelling in relation to trade, maintaining family ties, saving life, umrah, hajj, jihad, any “journey of obedience”[45] to Allah, and one that leads to a path of goodness.[46] In a minority opinion, Malik opined that travelling for hunting, “amusement and pleasure” did not merit shortening the prayer.[47] Conversely, the majority believe that “all journeys are the same” and that the permission to shorten one’s prayers is universal: whether for work purposes or for leisure.[48] The majority of scholars disagreed on whether prayers can be shorten for a journey undertaken for evil reasons, since the prophet never travelled on a journey except to gain Allah’s pleasure.[49] On the other hand, Ash-Shawkani argued that since Allah commanded the complete prayer for the resident and shortening of the prayer for the traveller without any restrictions; thus, the obedient and disobedient traveller is permitted to shorten the prayer.[50] Thus, a genuine traveller, regardless of the purpose of their travel, is permitted to shorten their prayers.

There is general agreement among three of the four schools of thought about the number of days a traveller can stay at a location before they must stop shortening their prayers. The Hanbalis, Malikis and Shafiis assert that a traveller should stop shortening their prayers, if they intend to stay at one location where twenty or more obligatory prayers would be performed, which amounts to four full days.[51] This position is due to the prophet’s instruction to the companion, Ibn Al-Hadrami, who was told to leave Mecca after three days – it should be noted that staying in Mecca was not permitted at the time.[52] The Shafiis also stipulate that if a traveller stays in one location not knowing when their purpose will be accomplished, they can shorten their prayers for up to seventeen or eighteen days.[53] While Hanafis declare that if a traveller intends to stay at one location for fifteen days consecutively, then they must not shorten their prayers.[54] A traveller must stay less than fifteen days or has made no intention to stay at a specific location – then they are obliged to keep shortening their prayers.[55]

Contemporary scholars disagreed whether a traveller must stop shortening the prayer after four or fifteen days, as they claim that the prophet did not do so when he travelled to Mecca and Tabuk, since he stayed for eighteen and twenty days respectively.[56] They argue that he stayed in Mecca “to establish Islam, eradicate polytheism, and to guide the Arabs;”[57] as well as, making preparations for war at Tabuk – both of which could not have been accomplished in less than four days.[58] In addition, the hadith of Ibn Abbas states that the prophet shortened his prayer when he stayed at a place for nineteen days, and he suggested that if it was longer than that, the prayer would not be shortened.[59] Moreover, reports from some companions indicate that they did not put such a restriction while staying at a place during their travels: Sa’d and Anas shortened their prayers for forty days and two years respectively in Sham, Ibn Umar for six months in Azerbaijan, and Abdurrahman ibn Samurah for two years in Kabul.[60] Saqib concludes that as long as the traveller does to intend to stay at a location, they may shorten the prayer – even if it is for years.[61] Therefore, stipulating four or even fifteen days is not a restriction that is supported by the practise of the prophet, nor of the companions.[62] Thus, the paramount consideration must be the intention of the traveller, as the length of their stay and the fulfilment of their objective are of secondary relevance.

To conclude, despite the comforts of modern day travelling, it is still a hardship for most travellers, so the dispensation of shortening the prayer is very much relevant today as it was in the past. Today once a person has booked their ticket, packed their bags and left their home – they are regarded as a traveller. The intention of the person travelling is of paramount importance, to judge the permissibility of shortening the prayer. The aim of the trip, whether for a good or evil purpose, is not a condition that permits or prohibits a person from shortening the prayer. A traveller should continue to shorten their prayers, as long as they have no intention to settle or permanently reside at a place, especially when most travellers today travel for business or leisure. Overall, it must be remembered that this dispensation is not obligatory according to the majority opinion;[63] therefore, one can shorten one’s prayers or not, depending on one’s circumstances and difficulties faced whilst travelling.

 

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[1] Muhammad ibn Ahmad ibn Rushd, The Distinguished Jurist’s Primer, trans. Imran Ahsan Khan Nyazee (Reading: Garnet Publishing, 1994), 1: 188.

 

[2] Hasan Shurunbulali, Nur al-Idah: The Light of Clarification, trans. Wesam Charkawi (Self-published, Wesam Charkawi, 2007), 193.

 

[3] Muhammad ibn Ismail Al-Bukhari, The Translation of Sahih Al-Bukhari, trans. Muhammad Muhsin Khan (Riyadh: Maktaba Darussalam, 1997), 7: 211.

 

[4] Ismail ibn Kathir, Tafsir Ibn Kathir, 2nd ed. (Riyadh: Maktaba Darussalam, 2003), 2: 564.

 

[5] Muhammad ibn Ahmad Al-Qurtubi, Tafsir al-Qurtubi: The General Judgements of the Quran and the Clarification of What it Contains of the Sunnah and Ayahs of Discrimination, trans. Aisha Bewley (Bradford: Diwan Press, 2020), 5: 241; Ibn Rushd, The Distinguished Jurist’s Primer, 1: 188.

 

[6] Ibn Kathir, Tafsir Ibn Kathir, 2: 564; Ibn Rushd, The Distinguished Jurist’s Primer, 1: 188.

 

[7] Qur’an, 4:101. Sahih International’s translation of the Qur’an has been used for this paper.

 

[8] Al-Qurtubi, Tafsir al-Qurtubi, 5: 237; As-Sayyid Sabiq, Fiqh us-Sunnah: Supererogatory Prayer, trans. Muhammad Sa'eed Dabas and Jamal al-Din M. Zarabozo (Indianapolis: American Trust Publications, 1991), 2: 109.

 

[9] Al-Qurtubi, Tafsir al-Qurtubi, 5: 238; Sabiq, Fiqh us-Sunnah, 2: 109.

 

[10] Muhammad Shafi, Ma'ariful Qur'an: A Comprehensive Commentary on the Holy Quran, ed. Muhammad Taqi Usmani. 4th ed. (Karachi: Maktaba-e-Darul-Uloom, 2007), 2: 560.

 

[11] Al-Qurtubi, Tafsir al-Qurtubi, 5: 238; Sabiq, Fiqh us-Sunnah, 2: 109.

 

[12] Al-Qurtubi, Tafsir al-Qurtubi, 5: 237.

 

[13] Al-Bukhari, Sahih Al-Bukhari, 2: 131, no. 1102; Muslim ibn Al-Hajjaj, English Translation of Sahih Muslim, trans. Nasiruddin Al-Khattab, ed. Huda Khattab (Riyadh: Maktaba Darussalam, 2007), 2: 199-200, no. 1579.

 

[14] Abd al-Rahman Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, trans. Nancy Roberts. (Louisville: Fons Vitae, 2009), 1: 627.

 

[15] Ibn Rushd, The Distinguished Jurist’s Primer, 1: 186.

 

[16] Ibid., 1: 187.

 

[17] Al-Qurtubi, Tafsir al-Qurtubi, 5: 244-245.

 

[18] Ibn Rushd, The Distinguished Jurist’s Primer, 1: 187.

 

[19] Ibid., 1: 186.

 

[20] Al-Qurtubi, Tafsir al-Qurtubi, 5: 238-239; Ibn Rushd, The Distinguished Jurist’s Primer, 1: 186.

 

[21] Al-Qurtubi, Tafsir al-Qurtubi, 5: 238.

 

[22] Ibn Rushd, The Distinguished Jurist’s Primer, 1: 188.

 

[23] Al-Qurtubi, Tafsir al-Qurtubi, 5: 237.

 

[24] Ibid., 5: 239.

 

[25] Ahmad ibn Muhammad Al-Quduri, The Mukhtasar Al-Quduri: A Manual of Islamic Law According to the Hanafi School, trans. Tahir Mahmood Kiani (London: Ta-Ha Publishers, 2010), 58; Al-Qurtubi, Tafsir al-Qurtubi, 5: 240.

 

[26] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 628; Al-Qurtubi, Tafsir al-Qurtubi, 5: 240; Muhammad Aashiq Illahi Muhajir Madani, Illuminating Discourses on the Noble Quran, trans. Afzal Hoosen Elias. 2nd ed. (Karachi: Zam Zam Publishers, 2007), 1: 535; Shafi, Ma'ariful Qur'an, 2: 560.

 

[27] Madani, Illuminating Discourses, 1: 535; Ahmad ibn Naqib Al-Misri, Reliance of the Traveller: A Classical Manual of Islamic Sacred Law, trans. Nuh Ha Mim Keller. Rev. ed. (Beltsville: Amana Publications, 1994), 190; Shurunbulali, Nur al-Idah, 194; Muhammad Zulfiqar, Praying According to the Sunnah, ed. Arwa bint Muhammad Jibaly (Riyadh: Maktaba Darussalam, 2006), 418.

 

[28] Muslim, Sahih Muslim, 2: 201.

 

[29] Ibn Hajar Al-Asqalani, Bulugh Al-Maram: Attainment of the Objective According to Evidence of the Ordinances, 2nd ed. (Riyadh: Maktaba Darussalam, 2002), 145.

 

[30] Sabiq, Fiqh us-Sunnah, 2: 110.

 

[31] Yahya ibn Sharaf Al-Nawawi, Sahih Muslim: With the Full Commentary by Imam Al-Nawawi, trans. Adil Salahi (Leicestershire: The Islamic Foundation & Islamic Community Milli Gorus Australia, 2021), 5: 10.

 

[32] Ibn Rushd, The Distinguished Jurist’s Primer, 1: 189.

 

[33] Muslim, Sahih Muslim, 2: 202, no.1584.

 

[34] Abu Al-Qasim Al-Kharqi, Al-Mughni, quoted in Sabiq, Fiqh us-Sunnah, 2: 111.

 

[35] Muhammad ibn Aliy Ash-Shawkani, Comprehensive Islamic Jurisprudence According to the Quran and Authentic Sunnah, trans. Murtadha Salahud-Deen al-Iwoowee (Petaling Jaya: Dakwah Corner Bookstore, 2019), 157; Al-Qurtubi, Tafsir al-Qurtubi, 5: 239.

 

[36] Salih Al-Fawzan, A Summary of Islamic Jurisprudence (Riyadh: Al-Maiman Publishing House, 2005-2009), 1: 238.

 

[37] Al-Nawawi, Sahih Muslim, 5: 18-19.

 

[38] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 629.

 

[39] Ibid.

 

[40] Ibid.

 

[41] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 631-632; Sabiq, Fiqh us-Sunnah, 2: 111.

 

[42] “Calculating the Distance from the City to Shorten Prayers when Travelling,” IslamWeb, accessed September 14, 2022, https://www.islamweb.net/en/fatwa/455740/calculating-the-distance-from-the-city-to-shorten-prayers-when-traveling.

 

[43] Al-Qurtubi, Tafsir al-Qurtubi, 5: 242.

 

[44] Sabiq, Fiqh us-Sunnah, 2: 111.

 

[45] Al-Qurtubi, Tafsir al-Qurtubi, 5: 241.

 

[46] Al-Qurtubi, Tafsir al-Qurtubi, 5: 241; Ibn Rushd, The Distinguished Jurist’s Primer, 1: 188.

 

[47] Al-Qurtubi, Tafsir al-Qurtubi, 5: 241.

 

[48] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 630; Al-Qurtubi, Tafsir al-Qurtubi, 5: 241.

 

[49] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 630; Ibn Rushd, The Distinguished Jurist’s Primer, 1: 188-189.

 

[50] Ash-Shawkani, Wabl Al-Ghamam Fee Shifa Al-Uwam, 1: 349-350, quoted in Muhammad Subhi ibn Hasan Hallaq, Fiqh According to the Qur’an & Sunnah: Al-Lubab Fee Fiqhus-Sunnah Wal-Kitab (Riyadh: Maktaba Darussalam, 2007), 1: 392.

 

[51] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 636-637; Sabiq, Fiqh us-Sunnah, 2: 113.

 

[52] Al-Qurtubi, Tafsir al-Qurtubi, 5: 242-243.

 

[53] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 637; Sabiq, Fiqh us-Sunnah, 2: 114.

 

[54] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 635; Sabiq, Fiqh us-Sunnah, 2: 113.

 

[55] Al-Jaziri, Islamic Jurisprudence According to the Four Sunni Schools, 1: 636.

 

[56] Sabiq, Fiqh us-Sunnah, 2: 112.

 

[57] Ibid., 2: 113.

 

[58] Ibid.

 

[59] Al-Bukhari, Sahih Al-Bukhari, 2: 123, no. 1080; Sabiq, Fiqh us-Sunnah, 2: 112.

 

[60] Al-Qurtubi, Tafsir al-Qurtubi, 5: 242-243; Sabiq, Fiqh us-Sunnah, 2: 113.

 

[61] Sabiq, Fiqh us-Sunnah, 2: 114.

 

[62] Ibid., 2: 113.

 

[63] Al-Qurtubi, Tafsir al-Qurtubi, 5: 237.