Thursday, February 20, 2014

Sharh of Bulugh Al Maram: (Noted) {The Prayer Of The Traveller & The Sick Person} {Audio} {FEBRUARY 20 2013}


SHARH BULUGH AL MARAAM:

THE PRAYER OF THE TRAVELLER AND THE SICK PERSON

{Book 2 Chapter 11 (The Prayer of the Traveller & Prayer of The ill) Page 158} 

20 Feb 2013 /09 RABI AL THANI 145 HIJRI

BY Shaikh Abdullah Faisal 

Edited By Abu Hafiza 

The Salah of the Traveller, The Sick and the Busy Person {Mp Audio Click Me}

اب صلاة المسافر والمريض

Chapter 11: The Prayer of a Traveler and the Prayer of the ill

عن عائشة رضي الله عنها قالت: أول ما فرضت الصلاة ركعتين، فأقرت صلاة السفر وأتمت صلاة الحضر. متفق عليه

453. 'A'ishah (RAA) narrated, 'When prayer was first enjoined by Allah, the Almighty, it was only two rak'at (in every prayer, whether in residence or on journeys). The prayer of the traveler was later confirmed as being two rak'at while two more rak'at were added to (the original prayer) for the one who is resident (except for the Maghrib and the Fajr prayers).'

[Agreed upon]

- Because of this hadith the hanafis will never pray rakahs as travelers.

- This is because of the hadith:" Allah (SWT) loves it when you accept the gift He 
  gave you".

وللبخاري: ثم هاجر، ففرضت أربعا، وأقرت صلاة السفر على الأول

454. In the narration of Al-Bukhari, 'Then he (Sallallahu alayhi wa sallam) emigrated, so prayer was then prescribed as four rak'at, while the prayer of the traveler was left as it was originally prescribed (i.e. two rak'at).'

زاد أحمد: إلا المغرب، فإنها وتر النهار، وإلا الصبح، فإنها تطول فيها القراءة

455. Imam Ahmad added in his narration, 'except for the Maghrib prayer as it is the Witr of the daytime and the dawn prayer due to its lengthy Qur'anic recital.'

- You are not allowed to shorten Fajr and Maghrib prayers.

وعن عائشة - رضي الله عنها: أن النبي - صلى الله عليه وسلم - كان يقصر في السفر ويتم، ويصوم ويفطر. رواه الدارقطني، ورواته ثقات. إلا أنه معلول. والمحفوظ عن عائشة من فعلها، وقالت: إنه لا يشق علي. أخرجه البيهقي

456. 'A'ishah (RAA) narrated, 'The Messenger of Allah (Sallallahu alayhi wa sallam) used to shorten the prayer in his travels and also used to offer the full prayer. He also used to fast or not fast during his journeys."

[Related by Imam Ad-Daraqutni]

This Hadith has a defect, as it is known that it is 'A'ishah (RAA), who used to do this, and she said, 'It is not difficult for me (i.e. to pray the full prayer and fast during journeys).

[Related by Al-Baihaqi]

- Maghrib is the witr of the prayers.

- The rasul (Sallallahu alayhi wa sallam) used to shorten sometimes and other 
 times he prays in full.

- But it is better to shorten.

- Also he used to fast sometimes and other times he breaks his fast.

- But this depends on the person and the circumstances.

Abu Saeed al-Khudri (RA) said: 'We travelled with the Messenger of Allah (Sallallahu alayhi wa sallam) to Makkah (meaning at the Conquest of Makkah) and we were fasting. We stopped to camp and the Messenger of Allah (Sallallahu alayhi wa sallam) said: You are approaching your enemy and breaking the fast will make you stronger. This was a concession, and some of us continued to fast and some of us broke our fast. Then we stopped to camp again, and he said, You are going to meet your enemy in the morning, and breaking the fast will make you stronger, so break your fast. So we had no choice but to break our fast'

[Sahih Muslim (2/789) No. 1120]

Abu Bakr ibn Abd ar-Rahman narrated that one of the companions of the Prophet (Sallallahu alayhi wa sallam) said: 'I saw the Messenger of Allah (Sallallahu alayhi wa sallam) telling the people on a journey in the year of the Conquest (of Makkah) to break their fast. He said, Gain strength to face your enemy.'

[Sunan Abu Dawud (2/307) No. 2365, Muwatta Malik (1/307) No. 792, Musnad Ahmad (3/475) No. 15944]

- Some of the sahabah used to break their fast whilst others fast in Ramadan whilst travelling.

- So either is accepted hence is not an issue.

'Aisha (RA) narrated: Hamza bin 'Amr Al-Aslami asked the Prophet (Sallallahu alayhi wa sallam), "Should I fast while travelling?" The Prophet replied, "You may fast if you wish, and you may not fast if you wish."

[Al-Bukhari (1943) and Muslim (1121)]

Ubayd ibn Jabr narrated 'I travelled with Abu Basrah al-Ghifaari, the companion of the Messenger of Allah (Sallallahu alayhi wa sallam), in a ship from al-Fustaat in Ramadan. He set off then lunch was brought (according to a report narrated by Ahmad: when we sent off from Marsana he ordered that his food be brought). Then he said: Come and eat. I said, Cant we still see the houses? Abu Basrah said: Dont you want to follow the Sunnah of the Messenger of Allah (Sallallahu alayhi wa sallam)?!

[Sunan Abu Dawud (2/318) No. 2412, Musnad Ahmad (6/398) No. 27276, al-Sunan al-Kubra al-Bayhaqi (4/414) No. 8178]

وعن عائشة - رضي الله عنها: أن النبي - صلى الله عليه وسلم - كان يقصر في السفر ويتم، ويصوم ويفطر. رواه الدارقطني، ورواته ثقات. إلا أنه معلول. والمحفوظ عن عائشة من فعلها، وقالت: إنه لا يشق علي. أخرجه البيهقي

456. 'A'ishah (RAA) narrated, 'The Messenger of Allah (Sallallahu alayhi wa sallam) used to shorten the prayer in his travels and also used to offer the full prayer. He also used to fast or not fast during his journeys."

[Related by Imam Ad-Daraqutni. This Hadith has a defect, as it is known that it is 'A'ishah (RAA), who used to do this, and she said, 'It is not difficult for me (i.e. to pray the full prayer and fast during journeys)]

[Related by Al-Baihaqi]

Aisha (r.a) used to pray rakah whilst travelling.

وعن ابن عمر قال: قال رسول الله - صلى الله عليه وسلم: «إن الله يحب أن تؤتى رخصه كما يكره أن تؤتى معصيته». رواه أحمد، وصححه ابن خزيمة، وابن حبان. وفي رواية: «كما يحب أن تؤتى عزائمه».

457.Ibn 'Umar (RAA) narrated that the Messenger of Allah (Sallallahu alayhi wa sallam) said, "Allah, the Almighty likes people to make use of His concessions as much as He dislikes people to commit an act of disobedience to Allah."

[Related by Ahmad. Ibn Khuzaimah and Ibn Hibban graded it as Sahih. In another narration, "as much as He likes people to observe the duties He has made obligatory."]

- She felt that she could do it because she was young but this is not the practice of 
  the rasul.

- But her personal choice.

Rukhsa means license and the permissibility to shorten is rukhsa.

وعن أنس رضي الله عنه قال: كان رسول الله - صلى الله عليه وسلم - إذا خرج مسيرة ثلاثة أميال أو فراسخ، صلى ركعتين. رواه مسلم

458. Anas (RAA) narrated, 'When the Messenger of Allah (Sallallahu alayhi wa sallam) travelled for a distance of three miles or (Farsakhas) he would pray two rak'at (i.e. shorten the prayer which was originally four rak'at).'

[Related by Muslim]

HOW MANY MILES DO YOU HAVE TO COVER TO BE CONSIDERED A TRAVELLER

Some scholars say 80 km but these scholars have no evidence.

- The rasul (Sallallahu alayhi wa sallam) shortened the salah when he covered.
 3 miles

-Ibn Taymiyyah is with the latter.

- But the vast majority of the scholars go with 49 miles (80 Km).

- But there is no hadith to support that view but is based purely on aql.

What is the distance by which a traveler may shorten his prayers? Is combining them permissible rather than shortening them?

Answer:

The distance by which the prayers are shortened; some scholars specified it to be around 83 kilometers. Other scholars specified it to be whatever is customarily considered travelling, even if he (the traveler) did not go beyond 80 kilometers. And whatever the people consider not to be travelling, and then it is not travelling even if it reached 100 kilometers.

This last (opinion) is the opinion of Shaykh al-Islam Ibn Taymiyyah (rh) and that is because Allaah did not define a specific distance by which shortening the prayers is allowed nor did the Prophet (Sallallahu alayhi wa sallam) specify an exact distance.

Anas ibn Maalik (RA) said:

The Prophet (Sallallahu alayhi wa sallam); whenever he went out for 3 miles or Faraasikh (a measurement of length) then he used to shorten the prayer and pray two Rakaats. [1]

The statement of Shaykh al-Islaam Ibn Taymiyyah is closer to what is correct. There is also no hardship, whenever there is a difference in what is customarily considered travelling, if the person acts according to the statement of the specific, defined distance because some of the Imaams and scholars sincerely striving towards a verdict (Mujtahideen) have said it. So there is no problem, In shaa Allaah. As long as the issue is left undefined, then acting in accordance to what is customarily considered travel is the correct opinion.

- You are not allowed to use aql when the text is clear.

- Urf (the custom of the people) can be used for hujjah.

- You are not allowed to use modern day technology to abrogate Quran and sunnah.

- Ibn Taymiyyah argued that neither Allah (swt) nor the rasul (Sallallahu alayhi wa sallam) specified what distance is considered travelling.

- The hadith of Anas Ibn Malik (r.a) said the rasul shortened when he travelled 3 miles.

-Islam is easy and hence should not be made a burden.

- The correct opinion is once you leave your town to go to another town you are a
  traveller.

- Allah (SWT) and His rasul (Sallallahu alayhi wa sallam) gave us a blank cheque in
  this matter Before leaving your town you are not a traveler.

- Hence you can't shortened the salah but you can join,

- It is haram to shorten if you are still at home.

 - If you are always on the road everyday you are considered a travelers as long as you leave your town.

- e.g. those who drive taxis or work as delivery men,

- A traveler can join the salah at zuhr time or ASR time for zuhr and ASR

- He prays two rakah for each and makes iqaamat between the two

- You are not allowed to pray Sunnah in between

- that is bid'ah

- This is same for Isha and Maghrib but you pray 3 rakah for Maghrib

Ibn Taymiyah also said:

Patients can combine the prayer according to the Sunnah for it is narrated in two hadiths that the Prophet (Peace be upon him) ordered a mustahadah [12] to combine the prayer.

[See: Majmu 'ul Fatawa (24/72, 74)]

- Women who suffer from non-stop bleeding (Istihaadha) are allowed to the join their salah

By means of analogical deduction with the case a mustahadah, the combining of prayer is permitted for every Muslim who cannot purity for every prayer, such as those inflicted with enuresis, a continuously bleeding wound, or a permanent nosebleed .The Prophet (Peace be upon him) said to Hamnah Bint Jahsh when she asked him about istihadah [14] (vaginal bleeding other than menstruation):

"...But if you are strong enough to delay the Zuhr prayer and advance the Asr prayer ,to wash , and then combine the Zuhr and the Asr prayers; (and ) to delay the Maghrib prayer and advance the Isha prayer , to wash , and then combine the two prayers, do so ."

[(Related by Ahmad, Abu Dawud, and At-Tirmidhi and deemed sahih (authentic) by the latter) Ahmad [6/381,382,439-440] and At-Tirmidhi (128) [1/221)]

-Also people who struggle to keep their wudhu are allowed to combined their salah

Shaykul - Islam Ibn Taymiyah (may Allah have mercy on him) said:

According to the soundest view of scholars, it is permissible for a Muslim to combine prayers because of mud or strong cold wind in a dark night, even if it has stopped raining. This is more incumbent than performing each prayer at its due time at home. Moreover, to abandon combining congregational prayers in mosque to perform prayer at home is a bid'ah (a matter innovated in religion) that contradicts the Sunnah (Prophetic tradition).

It is an act of the Sunnah to perform the Five (obligatory) prayers in congregation in the mosque, and this is more due, according to the unanimous agreement of Muslims, than performing prayers at home. In addition, congregational prayer combined in the mosque is more due than performing prayers at home individually, according to the unanimous agreement of the scholars who maintain the aforementioned permissibility to combine prayers ( due to bad weather ) ,

[such as Malik , Ash-Shafi'i and Ahmad See: Majmu 'ul Fatawa (24/38, 29)]

- Imam Malik, Shafi and Hanbal allow us to combine jamaa salah in the masjid due to bad weather.

- It is better to pray in jamaa and combined than to pray individually at home.

DOES A TRAVELLER HAVE TO PRAY SALATUL JUMUAH

- If you are in a city and you are going to stay for more than 4 days.

Shaykh Ibn Uthaymeen (may Allah have mercy on him) said:

The traveler does not have to pray Jumuah, and the evidence for that is the fact that during his journeys, the Prophet (Sallallahu alayhi wa sallam) did not pray Jumuah, even though he had many people with him; rather he would pray Zuhr and shorten it. End quote.

[Al-Sharh al-Mumti (5/10)]

- And you are stationed in one house and not going up and down.

- You need to pray jumuah and fast after the 4 days.

- May Muslims travel all over the world and spend their about a month or more.

- So if they are stationed, they are no longer travelers after 4 days.

- Else they are travelers even if they spend 6 months as long as you are not stationed.

-Uthaymeen says you are a traveler for as long as you are there.

- There is no limit set.

-This is the fatwah of Ibn Taymiyyah too.

-But Bin Baaz gave 4 days limit and got it from Ibn Qudaamah.

-Ibn Taymiyyah and Ibn Qudaamah are both Hanbali.

-So how do we reconcile this?

-If you leave your country to go to another.

-Say you travelled to study and stayed in a hostel.

-You stick with the 4 days limit.

-Else you may not fast in Ramadhan claiming you are a traveler.

-But if you are moving then you go with Uthaymeen.

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) was asked:
Is it better to join two prayers whilst travelling or to shorten prayers?

He replied:

Offering each prayer at its proper time is better, if there is no need to join prayers. Usually when the Prophet (Sallallahu alayhi wa sallam) was travelling, he would offer prayers at the proper times, and he only joined prayers on a few occasions.

[Majma al-Fataawa, 24/19]

- It is better to pray the salah on time rather than join them whilst travelling      

- You only join salah on occasions that it is difficult for you to pray on time

- But you still shorten

- Therefore you are recommended to combine the salah when you are on the road

- But otherwise if you are stationed then pray at the time of salah and not combine

Shaykh Ibn Baaz (may Allah have mercy on him) said:

The one for whom Allah has prescribed shortening of prayers, namely the traveler, is permitted to join prayers but the two concessions do not necessarily go together.

He may shorten the prayers without joining them, and not joining them is better if the traveller has arrived at his destination and is no longer on the road, as the Prophet (Sallallahu alayhi wa sallam) did in Mina during the Farewell Pilgrimage; he shortened the prayers but did not join them. But he both joined and shortened prayers during the campaign to Tabook, which indicates that this (concession) is prescribed to make things easy when there is a need for that. And he (Sallallahu alayhi wa sallam) used to shorten and join prayers if he was on the road and was not staying in the place.

[Majma Fataawa Ibn Baaz, 12/289]

WHAT HAPPENS TO A MAN WITH TWO HOUSES

With regard to the ruling on shortening prayers: if a person has two houses in two different cities within one region, and he lives in both of them at the same time, when he travels to one of them, does he have to shorten his prayers or is it permissible for him to offer them in full?.
Praise be to Allaah.

If the situation is as described, and he has taken both houses as his place of residence, then it is not permissible for him to avail himself of the concession of travelling with regard to shortening prayers and other things when he is staying in either of the two cities, but he may avail himself of the concessions whilst travelling between the two cities, if the distance between the two cities is that which allows shortening of prayers, which is approximately 80 km.
And Allaah is the source of strength.

May Allaah sent blessings upon our Prophet Muhammad and his family and Companions.
End quote

Standing Committee For Academic Research and Issuing Fatwas

- If he has taken both houses as a place of residence then he is not considered a traveler whilst he is there.

- But whilst travelling to the house, he may shorten the salah.

- If the distance is considered a travelling.

- The place you spend most of the time that is your house.

- The other you are considered a traveler.

If a person travels from one city to another, and on the way he passes through a city where some of his relatives live and he stays with them for two days, is he considered to be a traveler or a resident?

Praise be to Allaah.

He is considered to be a traveler so long as that is not his home, even if he has a relative there such as a brother, sister, etc. But he should not pray on his own, rather he should pray with the jamaaah and pray four rakahs with them, because it is obligatory to pray with the jamaaah. But if there are one or more others with him, then they may either pray the shortened prayers, or they may pray with the jamaaah in that city and pray the full prayers.

But if he intends to stay more than four days, then he has to pray the four-rakah prayers in full, whether he is travelling alone or they are a group.

[MajmooFataawa wa Maqaalaat Mutanawwiah li Samaahaht al-Shaykh al-Allaamah Abd al-Azeez ibn Abd-Allaah ibn Baaz (may Allaah have mercy on him), part 12, p. 299]

- If you leave your home and you go to spend time with relative.

- You pray 4 rakah if you are praying behind a resident.

- It is compulsory on you to follow the imam.

- But if you are stationery after 4 days you need to pray 4 rakah.

If it is possible to do tayammum using the furnishings of the airplane, then you should do so. If that is not possible because they are free from dust, then you should pray even if you are not taahir, then as soon as you are able to purify yourself after that, then do so.

[Ilaam al-Musaafireen bi Bad Aadaab wa Ahkaam al-Safar wa ma yakhuss al-Mallaaheen al-Jawwiyyeen by Shaykh Muhammad ibn Saalih al-Uthaymeen, p. 13]

WHAT HAPPENS IF A MAN IS IN A STATE OF JANABAH WHILST TRAVELLING

ON A PLANE OR TRAIN

- e.g. he has wet dream and there are no facilities to purify himself.

- There is no dust on a plane so he prays whilst on a state of janabah.

- Then purify himself as soon as he can.

So keep your duty to Allah and fear Him as much as you can; listen and obey; and spend in charity that is better for yourselves. And whosoever is saved from his own covetousness, and then they are the successful ones.

(At-Taghabun 64:16)

Ibn 'Abbas reported: The Messenger of Allah (Sallallahu alayhi wa sallam) observed the noon and afternoon prayers together in Medina without being in a state of fear or in a state of journey. (Abu Zubair said: I asked Sa'id [one of the narrators] why he did that. He said: I asked Ibn 'Abbas as you have asked me, and he replied that he [the Holy Prophet] wanted that no one among his Ummah should be put to [unnecessary] hardship.)

[Sahih Muslim (1/490) No. 705]

- One day the rasul (Sallallahu alayhi wa sallam) joined zuhr with Asr whilst he was resident

- And there was no reason for this but just to make it easy on the ummah

- The Shiites took the hadith and ran with it!

- They join their salah everyday

SALAH OF A PERSON WHO IS BUSY:

-You are allowed to join your salah but not shorten when you are busy

- All the scholars except the hanafis allow this

- They shorten but don't join salah

'Abdullah b. Shaqiq reported: 'Ibn 'Abbas one day addressed us in the afternoon (after the afternoon prayer) till the sun disappeared and the stars appeared, and the people began to say: "Prayer, prayer." A person from Banu Tamim came there. He neither slackened nor turned away, but (continued crying): "Prayer, prayer." Ibn 'Abbas said: "May you be deprived of your mother, do you teach me Sunnah?" And then he said: "I saw the Messenger of Allah (Sallallahu alayhi wa sallam) combining the noon and afternoon prayers and the sunset and 'Isha prayers."' 'Abdullah b. Shaqiq said: 'Some doubt was created in my mind about it. So I came to Abu Huraira and asked him (about it) and he testified his assertion.'

[Sahih Muslim (1/491) No. 705]

- So if a woman is busy cooking can join her salah.

The Hanbali school is the most accommodating as it allows one to combine the prayers, at the time of the early or later salah, for one who is ill as well as for the woman who is breast-feeding and will face hardship in cleaning her dress for every salah, for the woman who is plagued by a prolonged flow of blood, for the person who cannot control his urine, and for one who cannot purify himself or herself, and for the one who fears for his life, property, or family.

Ibn Taimiyyah says: "Among the opinions the most accommodating on this question is that of the Hanbali school which allows one to combine the prayers if he is busy (since an-Nasa'i has related something to that effect from the Prophet sallallahu alehi wasallam) and they also say that the cook and baker, and so forth., may also combine their prayers if they fear their wealth (i.e., their investment or what they are working on) will otherwise be ruined."

[Fiqh-us-Sunnah, Vol 2, Book 37, 2.118]

- Umar Ibn Al Khattab (r.a) allowed the baker who is busy baking bread to join his 
  salah.

- So you can join your salah if you are busy at work.

[We have not sent down the Qur'an unto you (O Muhammad SAW) to cause you distress, ]

(Ta-Ha 20:2)

- E.g. if you have a store and is packed with customers with no one to relief you.

- You may join your salah because you are busy.

- People who don't combine their salah; they miss their salah.

- But you can't shorten unless if you are a traveler.

[Allah intends for you ease, and He does not want to make things difficult for you]

(Al-Baqarah 2:185)

CAN A PERSON SHORTEN HIS PRAYERS BEFORE HE LEAVES HIS CITY

If the time for prayer comes when the traveler is still in his city, then he should pray it in full because he has not yet left his city. If he has left his city and is on the road when the time for prayer comes, then he should pray two rakahs even if the adhaan came before he left his city. What counts here is the prayer (not the adhaan). Similarly, if the time for prayer comes whilst you are still travelling, but you reach your home before you pray, then you have to pray four rakahs, because in this case what counts is the actual prayer. If you pray when you are travelling, you should shorten your prayer; if you pray when you are at home, you should pray it in full.

[Liqa al-Baab al-Maftooh by Ibn Uthaymeen,]

-You are not allowed to do so because you are not a traveler yet.

- You are only allowed to combine the salah.

- Also you pray in full if you reach home from travelling before you pray.

THE SALAH OF THE PILOT

There is a pilot whose job is based in Saudi Arabia and he has iqaamah (residence permit) there, but he has a home in another country where his wife and children live, and he travels to visit them from time to time. How should he pray when he is there?

Praise be to Allaah.

To be on the safe side, he should not avail himself of the dispensations allowed to travelers, either in Saudi Arabia or in his own country. It is as if he has two homes, so we say to him, do not avail yourself of the dispensations either in your place of work or in the place where your family live.

[Ilaam al-Musaafireen bi Bad Aadaab wa Ahkaam al-Safar wa ma yakhuss al-Mallaaheen al-Jawwiyyeen by Shaykh Ibn Uthaymeen]

He should consider himself a traveler.

THE UNCERTAIN TRAVELLER (A MAN WHO DOESN'T KNOW WHEN HE IS GOING BACK HOME)

If a traveler is staying in a place and he does not know when he will finish his business and he has not set a specific length of time for his stay, he may avail himself of the concessions of travelling even if that goes on for a lengthy period.
To sum up: It is stipulated that the length of the outward journey should not be less than 80 kilometers in order for it to be permissible for you to shorten your prayers. If you are going to stay more than four days you should offer your prayers in full.

-Because he is not sure when he is going back home he is still a traveler.

- Even if that goes on for a lengthy period.

- But offer the salah in full after 4 days if he is stationed.

THE PILOT

- He is not a traveler because he has two homes.

- When he is in his home city.


- But when he leaves his city to another then he is a traveler.