244. Travel And Prayer

By Asma Bint Shameem

First of all, shortening the prayer when traveling is Sunnah. 

It’s NOT mandatory. 

Secondly, when considering if the rulings of travel will apply, there are two things to consider. 

1. Distance that's being travelled

2. Number of days that a person is staying at that place. 

But when we look at the Qur'aan or authentic ahaadeeth, we find that there's nothing specifically mentioned about that. 

That's why there are over 20 different opinions about this issue!

The reason why the Prophet Sal Allaahu Alaiyhi wa Sallam did not mention a specific distance or length of stay for travel is because travel varies according to the time and it's defined by what is considered 'travel' according to the customs of that time or 'urf'. 

What was considered difficult and dangerous regarding travel at the time of the Prophet Sal Allaahu Alaiyhi wa Sallam  is extremely easy and safe nowadays. 

So what took days to travel to at that time takes an hour now. 

And this will change further with more advancement in technology and passage of time.

So the rule is: 

“whenever a term is used in Islamic Law without being defined, then its precise definition is to be determined by 'custom'.”

 Ibn Taimiyyah said:

"...And Allaah, and His Messenger, have made the shortening of the prayer and the breaking of the fast allowed because of traveling, and He did not specify it with a certain distance, nor did He distinguish between short trips and long ones. Had there been a minimum distance legislated for a trip to be considered travelling, then Allaah and His Messenger would have clarified it. Nor is there any minimum understood from the linguistic usage of the word (safar), so everything the people of the language consider travelling is that which it is allowed to break one's fast for and shorten one's prayers, as the Book and Sunnah indicate... 

...Thus, traveling is a kind of physical movement (from one place to another) that is not limited to an understanding based on distance or time... 

...In summary: The (word) safar, traveling, is to be understood in light of its linguistic and customary usage." 

(Majmoo' al-Fataawaa- 19/243-247) 

 And Imaam ash-Shawkaanee said:

“And the seemingly correct opinion is that there is no specific distance that has been set as a limit for travel, even though it has been reported from the Prophet (sallallaahu 'alayhi wa sallam) that he shortened his prayer at this distance or that distance. This does not mean that it (those distances at which he shortened his prayer) is the minimum distance which could be considered travel. Rather, the only reason (that sanctions shortening the prayer) is travel. 

Hence, because he traveled, he shortened his prayer. 

Therefore, in the matter of setting a specific distance for travel, custom is to be referred to. 

Whatever the people in a land customarily know to be travel, then the person has the right to shorten his prayer, combine his prayer and break his fast (at that distance). 

This falls under the legal principle: 
"Every ruling which the Legislator has given and He has not set a limit for it, then custom is referred to in that matter." 

(pp. 41-42, At-Ta'leeqaat uz-Zahiyyah 'alad-Durar il-Bahiyyah)

Therefore, as per the above, whatever people consider to be 'travel' according to the customs of that time is travel, and the rulings of travel will apply. 

And although the majority of the scholars consider a travel distance of 80 kilometers or 49.7 miles or more in order for the rulings of travel to apply, other scholars such Ibn Taimiyyah hold the opinion that there is no way of determining such a limit and whatever is customarily considered by the people of that time as travel is considered travel. 

This is the stronger opinion.

As for how long we should be staying for us to shorten our prayers, the majority of the ulama give the time limit of four days. 

And that's a more CAUTIOUS approach. 

But the STRONGER opinion is that, here again, since there's no specific hadeeth about this issue, then as long as you're not 'settled' in a place or intending to establish residence there and you're continuing to 'live out of a suitcase', you're considered a traveler and you can shorten the prayer, no matter how long you might be staying. 

And Allah knows best.