QUESTION:
As Salaamu Alaikum,
My question is regarding Qasr salah.
I am going to Pakistan InshaAllah on 31st of May, I’ll be staying there till 3rd of July then going on 40 days jammat, then staying there for 1 more week approx and then returning to the UK.
During my holiday from 31/5/23 to 3/7/23, I won’t be fixed at one place for more than 14 days, I’ll be moving to different houses. The distance between those places range from 34-49 miles.
For example, first I’ll go to A, stay for 2 days then move to B (34 miles away)- stay for a week, then go to C (42 miles away) stay for a few days then go back to B and stay for a few days (42 miles away) and then go to D (49 miles away).
- What should I do between 31/5/23 to 3/7/23.
- During 40 days jammat, yes I’ll be reading behind the imam, but I’m I still a Musafir. (Incase I miss/ and for sunnah salah)
- What should I do for the 1 week after jammat.
- Can you read salah sitting on a plane, and does it have to be repeated and can I join 2 prayers upon landing.
- Also if possible, could you share the proof for hanafis to be a Musafir for 15 days, as some people are saying other things to me.
ANSWER:
Wa Alaikum As Salaam,
- Based on what you have explained, it is seen that in your stay from 31/5/2023 to 3/7/2023, you will not be staying in one city for 15 days or more. Instead, you will be moving from one city/district to another. Therefore, during this entire period, you must perform the Qasr (shortened) Salah for a Musafir (traveler) since you will be deemed as a Musafir for this entire period.
- During your 40 days Jamaat, you will be considered as a Musafir since the Jamaat would be moving from one place to another at varying distances. In case you miss a 4 Fardh Salah behind the Imam, you would perform 2 Fardh rakaats instead of the 4, when you are doing it individually.
With respect to 4 rakaats of Sunnah Salah, this would not be shortened to 2 rakaats on account of being a Musafir. Instead, it remains as four rakaats. As a Musafir (traveler), once you have the time, and you are in a comfortable state where you are not in a rush on your journey, it is best that you perform your Sunnah Salah. However, if due to the movements on your travel, where you are not in a comfortable state, you can leave out the Sunnah Al Mu’akkadah and other Sunnah Salah.
- For the entire duration of your 40 days in Jamaat, you will be regarded as a Musafir because of your constant movements to different cities/districts in Jamaat. This means that until the end of your 40 days, you will still be deemed as a Musafir. After this period, your stay will only be for 1 week which is not a sufficient amount of days to make you a Muqeem (resident). As such, you will be regarded as a Musafir for your 1 week stay (after Jamaat) and you will shorten your four rakaats Fardh Salah if you are performing Salah individually or if you are leading others in Salah.
- If you are performing Salah on a plane, then you must stand, facing the Qibla and do the postures of Ruku and Sujood as they are required to be done. If you are unable to stand because you fear that you may fall due to the movements of the plane, then you can sit in the Tashahud posture and face the Qibla and perform your Salah while doing the Ruku and Sujood. If you complete your Fardh Salah in this manner, then you will not be required to repeat your Salah when you are off the plane. If however, you remained on your seat and performed Salah where you did not stand and face the Qibla, and also did not do the Ruku and Sujood as these were supposed to be done, then you must repeat your Fardh Salah when you are off the plane.
With respect to joining 2 Salah as a Musafir when you land, this is not permissible in the Madhab of Imam Abu Hanifah (A.R), based on authentic Ahadith and narrations of the Sahabahs (R.A).
- With respect to the proofs that show that a Musafir becomes a Muqeem (resident) when he intends to stay at a place for 15 days or more which is in accordance to the Madhab of Imam Abu Hanifah (A.R), these are as follows:-
- Mujahid has narrated from Abdullah bin Umar (R.A) that whenever he intended to stay in a place for 15 days, he would complete his Salah, (Musannaf Ibn Abi Shaiba with a sound Isnaad – Athaar As Sunan page 220 Maktaba Imdaddiya Multan; Ilaa’ As Sunan Vol. 7 pages 312, 313 Idara Al Quran Karachi 1415 A.H).
- Imam At Tahtaawi has recorded from both Abdullah bin Umar (R.A) and Abdullah bin Abbas (R.A) that they said, ‘When you enter a city and you are traveler, then if in your heart you have the intention to reside (stay) for 15 days, complete your Salah. If you do not know when you will depart, then shorten your Salah’. (Nasb Ar Rayah Vol., 2 page. 190 Dar Al Kitab Al Ilmiya Beirut 1996).
- Imam Muhammad bin Hasan has narrated from Imam Abu Hanifah from Moosa bin Muslim from Mujahid from Abdullah bin Umar (R.A) that he said, ‘When you are a Musafir (traveler) and you have made up your mind to settle in a place for 15 days, then complete your Salah. And if you do not know, then shorten your Salah’. (Kitab Al Athaar – Baab As Salah fi As Safr Hadith no. 188 page 201 Ar Raheem Academy Karachi 1410 A.H., Nasb Ar Rayah Vol. 2 page 190 Dar Al Kitab Al Ilmiyah 1996).
Dawood bin Abi Hind has narrated from Saeed bin Al Mussayyab that he Said, ‘When a person has resolved to stay in a place for 15 days, he must complete his Salah. (Musannaf Ibn Abi Shaiba Vol. 2 page. 342 Maktaba Imdadiya Multan).
And Allah Knows best
Mufti Waseem Khan
09/05/2023