Home Fiqh - Laws Prayer of the traveller / Part three

Prayer of the traveller / Part three

By: Bayynat editor

The second condition that cancels the state of travelling is the intention of residing for ten days or more.

In this case, then ten days are equal to ten days and nine nights if the intention takes place at the start of dawn or sometime during the night before. However, if the intention takes place after dawn some time during the day, then he must count eleven days and ten nights; so if one’s intention of residing takes place at noon on Monday, one has to stay until noon of Thursday week (the second Thursday) so that a ten-day residence would complete.

When the traveller sets his intention to reside, his travelling state ends and he has to pray tamam and fast as if he is in his homeland, regardless of whether this affects the travelling state- if this takes place after covering the Sharia distance- whether the intention was like that from the start of the journey or if that takes place suddenly due to compelling reasons, not to mention if it takes place covering the Sharia distance and reaching a destination other than the homeland.

And if the traveller, when he started his journey, was not sure that he was going to set his intention to take up residence while covering the Sharia distance, this would not affect his travelling intention, so he stays on the qasr for as long as he has not made up his mind on actually residing there. Likewise, his travel is not affected if he sets his intention to reside in a place which he likes while he was taking a break then change his mind and resumes his journey before he prayed at  a four-prostration prayer as tamam.

He must have his decision firmly on residing for ten days, so a residence state does not take place with hesitation or with reasonable probability that things might come up to stop him from doing this. And is his intention of residence does become firmly established but something comes up to end it unexcitingly, or if he decides to end it even if for no compelling reason, it is allowed to be ended, in which case if he leaves the town immediately, then in general what he prayed as tamam and his fasting, if these took place, will remain valid, but if he does not leave immediately, then in general what he prayed as tamam and his fasting, if these took place, will remain valid, but if he does not leave immediately and stays for a day or more for some business or leisure etc., in this case there are several rulings, as we shall discuss. 

When residing in urban places, he must stay in the place where he intended to reside throughout the ten days, so an intention of residence is not valid in two towns in which he spends one night in this  and another in that; also it is not valid if he leaves the place of residence and travels a distance of more than the Sharia distance combined, neither during the ten days nor after them, if he wants to keep offering his prayer tamam; but going out to the town’s farms or nearby villages is acceptable, if spending just an hour or two or more, provided that it is shorter than spending the night.

The same applies when residing in rural areas; one must stay in one place, then leave it and return to it. For every place, there are some boundaries that are commonly known, such as a mountain, a valley, an oasis, etc…so if he leaves it and soends the night in another place, it would commonly be regarded as spending the night in somewhere other than the place of residence; the same if he leaves the boundaries of his area of residence by the sharia distance.

The aforementioned are a brief description of what breaks the travelling state.