The Fiqh of Travel

ANISUL MUSAFIR

[By Mawlana Abu Usama: Fahim Husain]

RULES RELATING TO A MUSAFIR

WHO IS A MUSAFIR?

1. The person who sets out with the intention of eventually travelling three manzils (approx. 77 km) * is regarded as a musafir in the Shari`ah.

[* This is the Fatwa of Mufti Mahmud Gangohi (r.a.) as mentioned, in detail, in Masa’il-e-Safar of Mawlana Rafat Qasmi p 43 and briefly in Fatawa Mahmudiyyah v 2 p 269 and v 2 p 274. Mufti Rashid Ahmad has also given Fatwa on 77 km in Ahsan al Fatawa v4 p105]

2. The moment he comes out of the boundaries of his town or city he becomes a musafir. Within the boundaries of his town or city, he will not be a musafir.

If the airport is within the boundaries of the city (in the sense that the buildings of the city are linked to it without a considerable break in between) it will fall under the rule of the city and the person will not be considered a musafir when he reaches it. If it is outside the boundaries, then upon reaching it, the person will be regarded as a musafir.

PRINCIPLE: A person will not become a musafir until he firmly intends to travel 77 km from the place he is in.

Thus a person who travels from place to place, intending to travel less than 77 km each time, will not become a musafir– even if he travels the entire world in this way!

THE (QASR) SALAH OF A MUSAFIR

1. When a person qualifies as a musafir according to the Shari`ah he is required to offer two rak`ahs for the Fard of Zuhr, `Asr and `Isha’ Salah. The other Salahs remain as normal.

2. More than two rak`ahs should not be offered for the Fard of Zuhr, `Asr and `Isha’ Salah. If a person mistakenly offered four raka`at for these Salahs, and he had sat down for Tashahhud (al-Tahiyyat) in the second rak`ah, then the first two rak`ahs will be regarded as Fard and the other two rak`ahs as nafl.

3. In the above case he will have to make sajdah al-sahw. If he did not make sajdah al-sahw then he must repeat the Salah if its time still remains.

4. If he did not sit in the second rak`ah then all four raka`at will become nafl and he will have to repeat his Fard Salah.

BECOMING A MUQIM (RESIDENT)

1. A person will remain a musafir and will continue offering two rak`ahs for the four-raka`at Salahs until he makes the definite intention of staying at a place for fifteen days or more.

2. The place where he makes this intention is known as his Watan al-Iqamah. He must offer four raka`at Salah here.

3. If he makes the intention of staying for 15 days whilst in Salah then he must offer this very Salah as a muqim i.e. 4 raka`at.

PRINCIPLE: A musafir will not become a muqim until he firmly intends to stay at a place for a period of fifteen days from the time he makes this intention.

Based on the above principle consider the following two cases:

a) A person stops at a place intending to stay for two or three days. Due to circumstances every day he makes the intention of leaving the following day but he still does not leave. In this way fifteen days, twenty days, a month or even more passes, but he did not, at any point, make the firm intention of staying there for fifteen days. In this case he will remain a musafir irrespective of how many days he stays at that place.

b) A person intends to stay at a place for ten days but after seven days he decides to extend his stay by an additional ten days (which will make his total stay twenty days.) In this case he will remain a musafir. This is because after he had decided to stay ten more days there were thirteen days of his total stay remaining. Hence at no point did he make the intention to stay for fifteen days. In other words, ‘fifteen days’ is considered from the time he changed his intention and not from the beginning of his stay.

4. The intention of staying fifteen days has to be for staying the full fifteen days at one place. If he makes an intention of staying for 15 days at two different places, and the distance between the two places is such that the adhan of one place cannot be heard at the other, then he will be a musafir in both those places.

E.g. If a person intends staying for 10 days in Makkah and 5 days in Mina he will be a musafir both in Makkah and Mina.

Thus a Haji who arrives in Makkah less than fifteen full days before the morning of the 8th of Dhu al-Hijjah will be a musafir.

If he arrives in Makkah fifteen days or more before the 8th then he will be a muqim both in Makkah and Mina.

5. If in the above case (i.e. Law 4) he intends spending all the fifteen nights at one place then he will be a muqim in that place.

6. If both places are so close that each other’s adhan can be heard, then both places will be regarded as one place. He will become a muqim in both places by intending to stay there for 15 days.

7. After becoming a muqim (by firmly intending to stay at a place for fifteen days) if he changes his intention and decides to leave before fifteen days then he will not become a musafir.

8. When he leaves with the intention of eventually travelling to another place that is at a distance of 77 kilometres or more then only will he become a musafir. If that place is less than 77 kilometres away, he will not become a musafir. Continue reading

The Basics of Fasting

In the Name of Allah, Most Merciful and Compassionate

The Basics of Fasting according to the Shafi’i School

(An abridged and edited version of a pamphlet written in Arabic by Shaykh Amjad Rasheed.)

1. The Ruling of Fasting Ramadan

2. Integrals

3. Recommended Measures

4. Excuses that permit one not to fast

5. Making up Missed Fasts

6. Payment

7. Expiation

Allah be praised, Lord of the Worlds. Blessings and peace on our master Muhammad and on his folk and companions, one and all.

The following rulings about the fast should be known, applied, and taught to one’s family and whoever does not know them.

1. The Ruling of Fasting Ramadan

Fasting Ramadan is personally obligatory for every Muslim who has reached puberty, is sane, and is able to fast. It is not obligatory for a non-Muslim, a child, an insane person, or someone unable to fast (such as someone of advanced years or someone who is continuously [muzmin] sick).

2. Integrals of the fast

Fasting has only two integrals: (1) the intention and (2) abstention from the nullifiers of the fast.

2.1 Integral #1: Intention

The intention is to intend to fast. Its location is in the heart, but it is sunna to say it with the tongue. One optimally says, “I intend to fast tomorrow as a current performance of the obligation of this year’s Ramadan for Allah Most High.”

For the obligatory fast, it is obligatory to make the intention during any part of the night (from sunset until just before dawn). A practical way to avoid forgetting the intention is to intend to fast the following day immediately after breaking one’s fast at sunset. Whoever forgets to make the intention, or sleeps before sunset and does not wake up until after dawn must abstain from the nullifiers during that day and then make it up after Ramadan.

For the supererogatory fast, it is permissible to delay the intention until just before the noon prayer [zuhr], provided that that one has not already done something that nullifies the fast.

It is obligatory to repeat the intention to fast for every day of Ramadan. It is good practice to intend during its first night to fast the whole month, so that one’s fast will still be valid in the school of Imam Malik (Allah have mercy on him) if one forgets the intention on a particular day. Continue reading

The Fiqh of Eid

From Heavenly Ornaments of Imam Ashraf al-Tahanawi

(Allah have mercy on him)

EID PRAYER

1. The first of Shawwaal is known as Eid ul-Fitr, and the tenth of Zil Hijjah is known as Eid ul-Ad’haa. Both these days are days of festivity and celebration in Islam. On both these days it is necessary (wajib) to offer two rakaats of prayer as a form of gratitude. The prerequisites and conditions that have been mentioned for the validity and compulsion for Friday, apply for the Eid prayer as well. With the exception that for the Friday prayer the khutbah is a prerequisite and fard, while for the Eid prayers it is not fard but sunnah. Furthermore, the Friday khutbah is delivered before the prayer while for the Eid prayers, the khutbah is delivered after the prayer. However, listening to the khutbah of Eid is necessary (wajib) just as it is necessary (wajib) for the khutbah of Friday, i.e. while the khutbah is being delivered, it is haraam to talk, walk about or offer prayer.

Thirteen things are sunnah on the day of Eid ul-Fitr:

(i) To adorn oneself according to the Shariah.

(ii) To have a bath.

(iii) To use miswaak.

(iv) To wear the best of clothing which one possesses.

(v) To apply perfume.

(vi) To wake up very early in the morning.

(vii) To go early to the Eid prayer place.

(viii) To eat something sweet, such as dates, before going to the Eid prayer place.

(ix) To give the sadaqatul fitr before going to the Eid prayer place.

(x) To offer the Eid prayer in the Eid prayer place. That is, one should not offer Eid prayer in the masjid without any valid reason.

(xi) To return from the Eid prayer place taking a route that is different from the one that he had taken when going towards the Eid prayer place.

(xii) To go to the Eid prayer place on foot.

(xiii) To read the following takbeer softly while walking towards the Eid prayer place:

2. The method of offering Eid ul-Fitr prayer is as follows: the following intention should be made: “I intend offering two rakaats necessary (wajib) of Eid ul-Fitr prayer with six necessary (wajib) takbeers.” After making this intention, he should commence his prayer. He must recite the thanaa’ and then say Allahu Akbar three times. Each time that he says Allahu Akbar, he should raise his hands to his ears just as he does for the takbeer-e-tahreemah. After making the takbeer, he should let his hands rest at his sides. In-between each takbeer, he should pause to such an extent that he can read Sub’haanallah three times. After the third takbeer, he should not rest his hands but tie them. He should then read the ta’awwudh and bismillah, Surah Faatihah and another Surah. Thereafter, he should make his ruku and sajdahs and stand up as he normally does. In the second rakaat, he should first recite Surah Faatihah and another Surah. Thereafter, he should make three takbeers but after the third takbeer he should not tie his hands but leave them at his sides. He should then make one more takbeer and go into ruku.

3. After the prayer, the imam has to stand on the mimbar and deliver two khutbahs. He should sit down in-between the two khutbahs to the extent that he sits between the khutbahs of Friday.

4. Dua should be made after the Eid prayer, or even after the khutbah. Although this dua has not been established from the life of The Messenger of Allah sallallahu alayhi wa sallam, the Sahabah, Taabi’een and even the Tabe Taabi’een, but because it is sunnah to make a dua after every prayer, it will be preferable to make it after the Eid prayer as well. Continue reading

Book Pertaining To The Turmoil And Portents Of The Last Hour – Sahih Muslim

KITAB AL-FITAN WA ASHRAT AS-SA’AH

Chapter 1 :

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Book 41, Number 6881:

Zainab bint Jahsh reported that Allah’s Apostle (may peace be upon him) got up from sleep saying: There is no god but Allah; there is a destruction in store for Arabia because of turmoil which is at hand, the barrier of Gog and Magog has opened so much. And Sufyan made a sign of ten with the help of his hand (in order to indicate the width of the gap) and I said: Allah’s Messenger, would we be perished in spite of the fact that there would be good people amongst us? Thereupon he said: Of course, but only when the evil predominates.

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Book 41, Number 6882:

This hadith has been narrated on the authority of Zainab bint Jahsh with a slight variation in the chain of transmitters.

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Book 41, Number 6883:

Zainab bint Jahsh, the wife of Allah’s Apostle (may peace be upon him), reported that one day Allah’s Messenger (may peace be upon him) came out in a state of excitement with his face quite red. And he was saying: There is no god but Allah; there is a destruction in store for Arabia beciuse of the turmoil which is near at hand as the barrier of Gog and Magog has been opened like it, and he (in order to explain it) made a ring with the help o his thumb and forefinger. I said: Allah’s Messenger, would we be destroyed despite the fact that there would be pious people amongst us ? He said: Yes, when the evil would predominate.

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Book 41, Number 6884:

This hadith has been narrated oil the authority of Zuhri with a different chain of transmitters.

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Book 41, Number 6885:

Abu Huraira reported Allah’s Apostle (may peace be upon him) as saying: Today the wall (barrier) of Gog and Magog has been opened so much, and WUhaib (in order to explain it) made the figure of ninety with the help of his hand.

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Chapter 2 : THE SINKING OF AN ARMY IN THE EARTH WHICH WOULD ATTACK THE HOUSE

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Book 41, Number 6:

Harith b Abi Rabi’a and ‘Abdullah b. Safwan both went to Umm Salama, the Mother of the Faithful, and they asked her about the army which would be sunk in the earth, and this relates to the time when Ibn Zubair (was the governor of Mecca). She reported that Allah’s Messenger (may peace be upon him) had said that a seeker of refuge would seek refuge in the Sacred House and an army would be sent to him (in order to kill him) and when it would enter a plain ground, it would be made to sink. I said: Allah’s Messenger, what about him who would be made to accompany this army willy nilly? Thereupon he said: He would be made to sink along with them buf he would be raised on the Day of Resurrection on the basis of his intention. Abu Ja’far said.’ This plain,ground means the plain ground of Medina. Continue reading

Book of Trials – Sahih Bukhari

Translated By Aisha Bewley

I. What has come in the words of Allah Almighty, “Be fearful of trials which aill not afflict solely those among you who do wrong.” (8:25) and the Prophet, may Allah bless him and grant him peace, warning about trials

6641. Ibn Abi Mulayka reported from Asma’ that the Prophet, may Allah bless him and grant him peace, said, “I will be at my Basin waiting for those who come to me. Some people will be taken away from me and I will say, ‘My community!’ He will say, “You do not know. They reverted in apostasy.'”

Ibn Abi Mulayka said, “O Allah, we seek refuge with You from turning back on our heels and from being tempted.”

6642. Abu Wa’il related from ‘Abdullah that the Prophet, may Allah bless him and grant him peace, said, “I will be your forerunner to the Basin. Some men from among you will be brought before me and when I want to hand them water, they will be wrested away from me. I say, ‘O Lord, my Companions!’ He will say, ‘You do not know what they innovated after you.'”

6643. Abu Hazim reported that he heard Sahl ibn Sa’d say that he heard the Prophet, may Allah bless him and grant him peace, say, “I will be your forerunner to the Basin. Whoever comes to it will drink from it. Whoever drinks from it will never be thirsty again. Some people will come to me whom I will recognise and they will recognise me but then a barrier will be put up between me and them.”

Abu Hazim said, “An-Nu’man ibn Abi ‘Ayyash heard me when I was reporting this. He asked, ‘Is that how you heard it from Sahl?’ ‘Yes,’ I replied. He said, ‘I was present with Abu Sa’id al-Khudri and I heard him add to it, “They are from me.” It will be said, ‘You do not know what they changed after you.’ I will say, ‘Far away! Far away with those who changed after me!'”‘”

II. The words of the Prophet, may Allah bless him and grant him peace, “You will see things which you disapprove of after me.”

‘Abdullah ibn Zayd said that the Prophet, may Allah bless him and grant him peace, said, “Remain steadfast until you meet me at the Basin.”

6644. Zayd ibn Wahb said, “I heard ‘Abdullah say, ‘The Messenger of Allah, may Allah bless him and grant him peace, said to me, ‘After me you will encounter self-seeking and things you disapprove of.’ They asked, ‘What do you command us to do, Messenger of Allah?’ He replied, ‘Give them their rights and ask Allah for your right.'”

6645. Abu Raja’ related from Ibn ‘Abbas that the Prophet, may Allah bless him and grant him peace, said, “If someone dislikes what his ruler does, he should be patient. Anyone who separates himself from the ruler even a hand’s breadth will die the death of the Jahiliyya.”

6646. Abu Raja’ al-‘Utaridi said, “I heard from Ibn ‘Abbas that the Prophet, may Allah bless him and grant him peace, said, “If someone sees something in his amir which he dislikes, he should be patient. Anyone who separates from the Community a hand’s breadth and dies will only die the death of the Jahiliyya.”

6647. Busr ibn Sa’id related that Junada ibn Abi Umayya said, We visited ‘Ubada ibn as-Samit while he was ill and said, ‘May Allah restore you. Tell a hadith by which Allah will benefit you which you heard from the Prophet, may Allah bless him and grant him peace.’ He said, ‘The Prophet, may Allah bless him and grant him peace, summoned us and we gave allegiance to him.’ He added, ‘Part of that which he stipulated for us is that we gave allegiance to hear and obey when we were busy and in matters which we disliked and in both difficulty and ease, evn if our rights were not given to us, and not to contend with people for power unless we saw open disbelief which we would have as evidence with Allah.'”

6648. Anas ibn Malik related from Usayd ibn Hudayr that a man came to the Prophet, may Allah bless him and grant him peace, and said, “Messenger of Allah, you appointed so-and-so to an office and did not appoint me.” He said, “After me you will see self-seeking. Remain steadfast until you meet me.”

III. The words of the Prophet, may Allah bless him and grant him peace, “The destruction of my community will occur at the hands of some foolish young men.”

6649. ‘Amr ibn Sa’id said, “My grandfather told me, ‘I was sitting with Abu Hurayra in the mosque of the Prophet, may Allah bless him and grant him peace, in Madina while Marwan was with him. Abu Hurayra said, “I heard the truthful and trusted one say, ‘The destruction of my Community will occur at the hands of some young men of Quraysh.'” Marwan said, ‘May the curse of Allah be on them, those youths.’ Abu Hurayra said, “If I had wished, I could have said, ‘The Banu so-and-so and the Banu so-and-so, I would have done so.'”‘ I used to go with my grandfather to the Banu Marwan when they controlled Syria. When he saw that they were young men, he said to us, ‘Perhaps these are among them?’ We replied, ‘You know best.'”

IV. The words of the Prophet, may Allah bless him and grant him peace, “Woe to the Arabs on account of an evil which has drawn near.”

6650. Zaynab bint Umm Salama related from Umm Habiba that Zaynab ibn Jahsh said, “The Prophet woke up from sleep and his face was red. He was saying, ‘ There is no god but Allah. Woe to the Arabs from an evil which is drawing near! An opening has been made in the wall of Ya’juj and Ma’juj like this,” and Sufyan made a circle with his thumb and forefinger for ninety or a hundred. It was asked, “O Messenger of Allah, will we be destroyed when the righteous are among us?” He said, “Yes, if there is a lot of wickedness. ”

6651. ‘Urwa related that Usama ibn Zayd said, “The Prophet, may Allah bless him and grant him peace, looked out from one of the fortresses of Madina and said, ‘Do you see what I see?’ ‘No,’ they replied. He said, ‘I see afflictions falling on your houses like drops of rain.'” Continue reading