15 – NAMĀZ DURING TRAVELS

Being Safarī or Musāfir means being a traveller. If a person intends to go to a place that would take three days by the short days of year by walking or by riding a camel during the short days of the year, he becomes a musāfir as soon as he reaches beyond the last houses of the place he lives in or on one or both sides of his way. If he passes by the last house without intending to go to a place that is three days’ way, he does not become a musāfir even if he travels all over the world. An example of this is the case of soldiers searching for the enemy. But he will become a musāfir on his way back. If a person who has started off with the intention of going to a place that is two days’ way, intends on the way or after reaching the place to go to another place which is two days’ way from his first destination, he does not become a musāfir when he is on the way to the place which is four days’ way. While leaving one’s temporary home with the intention of going three days’ way, one becomes musāfir as soon as one passes beyond the last houses on both sides on one’s way. Yet the last house does not have to be out of sight. One does not have to have reached beyond the houses that are only on one side of the way. Nomads camping at the seaside or near a forest become musāfir when they leave their tents. A person who lives in a city must have passed beyond the houses outside the city as well as the houses adjacent to the city and the villages where rows of houses from the city reach. It is not necessary to have gone beyond empty fields or vegetable gardens adjacent to the city. Even if there are farmers’ or watchmen’s houses in the fields or vegetable gardens, they or the villages beyond them are not counted as parts of the city. In empty fields, those large cemeteries that are close to town are called Finā. Grounds which the townsfolk use for threshing grain, for horse-riding, for diversion, and parts of a lake or sea which they use for hunting etc., [factory buildings, schools, and barracks] are counted as part of the town. That is, they must be passed. If a finā is more than two hundred metres away from the town or if there is a field between them, it is not a part of the town. But it is sahīh to perform the prayers of Friday and I’yd at a finā that is far away. Villages, cities in between which and the city is a finā are not counted as parts of the city. It is not necessary to pass beyond such villages. One becomes safarī when one reaches beyond the finā only. With large cities, a finā is stil

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counted as a part of the town when it is more than two hundred metres from the town. It is written in Imdād’s commentary titled Tahtāwī that according to a narration called Mukhtār, even if there are houses or a finā in between, having gone beyond the villages is not a condition.

It is not a condition that one will walk all the time until evening. On a short day, it will be sufficient if one walks from the time of morning prayer until the time of the early afternoon prayer. This journey is called, merhala, manzīl, or qonaq (stage). It is also permissible for one to rest in the meantime. Even one goes on a journey of three days on a fast vehicle, such as a train, one still becomes musāfir. [Majalla[1], 1664] If there are two ways of going to a place, one of the ways being shorter than the other, the person who goes the shorter way does not become a musāfir. If the longer way takes three days by walking, a person who goes by that way on any vehicle becomes a musāfir.

Ibn-i Ābidīn says: “All ’ulamā have described the “way of three days” by a unit called farsāh, the distance travelled in one hour. Some of them said a way of three days was 21 farsāhs; some said it was 18 farsāhs; and others said it was 15 farsāhs. The fatwā has been given according to the second judgement.” In the fatwā of the majority, one marhāla, the distance travelled in one day, is six farsāhs on a smooth route. One farsāh is equal to 3 miles. One marhāla is equal to 18 miles, so three times marhāla is 54 miles. Within the subject of tayammum, it is written by Ibn-i Ābidīn that one mile is equal to 4,000 dhrā’s, that the report saying that it is 4,000 steps is weak and that 1 dhrā’ is a length equal to the total width of as many as the number of letters in the Kalima at-tawhīd, i.e. twenty-four, fingers. A finger is about 2 cm wide. Hence, one dhrā’ is 48 cm, and one mile is 1920 m. Thus 1 fersāh is 5760 m. Then, 1 marhāla is 34,560 m, and a way of three days is about 104 km (103,680 m). [A Geographical mile is the length of the equatiorial arc of one

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[1] A world-famous book on Islamic jurisdiction written by Ahmad Jawdat Pāsha 'rahmatullāhi ta'ālā 'alaih', (1238 [1823 A.D.], Lowicz -1312 [1894], Istanbul.) Two other valuable books written by that scholarly personage are Qisās-i-Anbiyā (A History of Prophets), and (Ma'lūmāt-i-nāfi'a (Useful Information), which was translated into English and added to the book The Sunni Path, one of the publications of Hakīkat Kitābevi, Istanbul.

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minute, which is equal to 1852 m.] One who goes from Küēükēekmece, a suburb of Istanbul, to Tekirdaš becomes safarī. It is written in Al-fiqhu ’ala’l-madhāhib: “In the Shāfi’ī, Mālikī, and Hanbalī Madhhabs the distance for becoming safarī is equal to 2 marhālas (qonaq). This is 16 farsāhs, which makes 48 miles. For, 1 farsāh is 3 miles. One mile is equal to 6,000 dhrā’ (the length of a man’s arm). Distance of becoming safarī is 80,640 m.” In this case, one mile should equal 4,000 dhrā’ and one dhrā’ should equal 42 cm. As a matter of fact, it is written in an annotation to the Shāfi’ī fiqh book Al-muqaddimatu’l-hadramiyya[1] (second ed., 1404/1984): “In the Shafi’ī, the distance for becoming safarī is equal to 4 barīds, i.e. 2 marhālas. 1 barīd is equal to 4 farsāhs; 1 farsāh is equal to 3 miles; 1 mile is equal to 1,000 bā’s. 1 bā’ is 4 dhrā’s [forearms]. 1 dhrā’ is 2 spans.” According to this annotation, the distance for becoming safarī is equal to 16 farsāhs, i.e. 48 miles, and 1 mile is equal to 4,000 dhrā’s. On page 523, Mir’āt-i Medina[2] states: “In this text, the unit dhrā’ is the length of a man’s forearm, which is equal to 7/8 of the iron measure used in Egypt and in the Hijāz today. It is about 2 spans.” This unit of iron measure is the dhrā’ used in the Hanafī fiqh books and is the total width of 24 fingers. It is 48 cm., and so 7/8 of it makes 42 cm. As it is seen, in the Shafi’ī Madhhab, one mile is equal to 4,000 dhrā’s, which means 1,680 m. 48 times a mile is 80 km. and 640 m. Distance of safar does not necessarily have to reach exactly this number in kilometres. It will be enough if the distance is known to be so or if one strongly estimates it to be so.

In the sea, the speed of a sailing-boat that sails in weather with a medium wind is essential. Accordingly, a person who goes to Mudanya from Istanbul does not become safarī. But a person who goes from Istanbul to Bursa becomes safarī. One who flies on a plane is supposed to have gone on the road or sea below the plane. For today, one who starts on a journey by bus from the quarters named Fatih,

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[1] Written by Abdullah bin 'Abd-ur-Rahmān 'rahmatullāhi ta’ā 'alaih'.

[2] The book Mir'āt-ul-Harameyn, written in Turkish by Eyyūb Sabri Pāsha 'rahmatullāhi ta'ālā 'alaih', (d. 1308 [1890],) consists of five volumes. The quotation above is from the Medīna section of the book.

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Aksaray and Üsküdar in Istanbul, becomes safarī when he reaches beyond Edirnekapż cemetery, Topkapż cemetery or, if he follows the way on the sea-shore, the cloth-factory in Zeytinburnu, and the place between the great military building named Selimiye Kżžlasż and Karaca Ahmed cemetery, respectively.

Performing two rak’ats of those prayers of fard namāz that contain four rak’ats is wājib for a safarī person in the Hanafī Madhhab, sunnat-i-muakkada in Mālikī, and preferrable in Shāfi’ī. Following a settled[1] imām is permissible when making adā according to the Hanafī Madhhab, permissible both when making adā and when making qadā according to the Shāfi’ī Madhhab, and mekrūh in either case according to the Mālikī Madhhab. It is explained in the previous chapter how a person performs namāz behind a settled imām. For three days plus three nights, he can make masah on his mests. He can break his fast. It is not wājib for him to perform the Qurbān. If a musāfir is comfortable enough, he should not break his fast. Even a person who sets out on a journey for sinful purposes becomes a musāfir.

Anybody, whether settled or a musāfir (travelling), whether with an excuse or not, may perform a supererogatory namāz while sitting on the back of an animal as it walks as well as when it stands still while being outside a town. The sunnats that are before and after the five daily prayers of fard namāz are supererogatory. Only the sunnat of the morning prayer is not supererogatory. Though it is very good to put the hands under the navel with the right hand clasping on the left when saying the Fātiha and the other sūras, they might as well be put on the thighs. Any kind of sitting posture is permissible. No one is permitted to perform namāz while he himself is walking; walking nullifies namāz [Jawhara]. See chapter 19! He can perform namāz in that manner as he goes through the cities on his way. But it is mekrūh for him to perform it in that manner in his hometown. He bends for the rukū’ and makes the sajda by signs. He does not put his head on something. It is not

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[1] 'Muqīm' means 'settled', 'not safarī'.

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necessary to turn towards the qibla when beginning or while performing namāz. He has to perform it in the direction towards which the animal is walking. Even if there is a great deal of najāsat on the animal or on its halter or saddle, the namāz will be acceptable. Yet it will not be acceptable if he sits on the place smeared with the najāsat. Also, it is necessary to take off the shoes if they are najs. His controlling the animal with small movements such as spurring it with his feet or by pulling its reins does not nullify the namāz. It is permissible for a person who has begun his supererogatory namāz on an animal to dismount quickly and finish the namāz on the ground. Yet it is not permissible to begin it on the ground and finish it on the animal.

It is not permissible to perform a namāz that is fard or wājib on an animal unless there is darūrat. The book Halabī says: “The conditions for performing the fard prayers on an animal are the same as those for performing the sunnats. Yet it is permissible only when the excuses pertaining to the tayammum are present.” Hence it is understood that when you are settled or travelling you can perform the fard prayers on an animal outside of town when there is a good excuse for doing so. Examples of good exuses are when your property, your life, or your animal is in danger. A little mud does not suffice for an excuse. It becomes an excuse when it is deep enough for your face to go in and become covered. A person without an animal performs namāz standing and by making signs when there is a great deal of mud. The Imāmayn said that if a person who cannot mount an animal has someone to help him, this last excuse will no longer be valid. When performing a namāz that is fard or wājib, it is necessary to get the animal to turn towards the qibla. If one cannot manage it, one must do one’s best at least.

If a musāfir, that is, a traveller, expects that his excuse will be gone towards the end of the prayer time, he had better wait and perform his namāz

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on the ground; however, it is still permissible for him to perform it on the animal as well. Likewise, a person who expects to find water is permitted to perform namāz at its early time by making a tayammum. Performing namāz on the two chests called Mahmil that are on an aminal is like performing it on the animal itself. A person who is able to dismount cannot perform the fard namāz on a mahmil. If the legs of the mahmil are lowered down to the ground, it serves as a divan. At this point it becomes permissible for one to perform the fard while standing on it. But one cannot perform it while sitting.

Since a two-wheeled cart cannot remain level on the ground unless it is tied to an animal, it is like an animal both when moving and when still. Any carriage with three or four wheels that can remain level [such as a bus, a train] is like a divan, if it is not in motion. It is permissible to perform the fard namāz standing on it. If the carriage is moving it is like an animal. It is not permissible to perform the fard on it without a good excuse. You must stop it and perform namāz standing towards the qibla. [If you cannot stop it, or if you are on a vehicle which you ride by paying some fare, you get off at a convenient place. If the vehicle leaves you, take the next one or another vehicle that starts from that town. When getting on the first vehicle you should negotiate accordingly. If this is not possible, either, it is permissible to perform namāz by making signs sitting, as you would do in namāz, and you must turn towards the qibla as well as possible.]

It is not permissible for an ill or travelling person to perform the fard namāz by signs while sitting on a divan or in a chair with his legs hanging down. An ill person should perform his namāz on the floor or on a divān moving in the direction of qibla turning himself towards the qibla. See chapter 23. It is better for a person who is safarī to imitate the other three Madhhabs and perform the early and late afternoon prayers together and the evening and night prayers together, standing towards the qibla when the vehicle stops on the way. According to the Mālikī and Shāfi’ī Madhhabs, in a safar that is not sinful and which is a distance of more than eighty kilometres, taqdīm, which means to perform late afternoon prayer right after early afternoon prayer in the time of early afternoon prayer or to perform night prayer immediately after evening prayer in the time of evening prayer, and te’hīr, which means to postpone early afternoon prayer till the time of late afternoon prayer and perform them together or to perform evening and night prayers likewise, are permissible.

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This practice is not permissible before one starts one’s journey. A place where one intends to stay for less than four days becomes a safarī place. When at a place of this sort, one can make qasr (performing early and late afternoon prayers together), or jam’ (performing evening and night prayers together) in case of haraj. Making taqdīm in jamā’at in a mosque on account of rain is permissible, yet there are seven conditions to be fulfilled. There is no unanimity among scholars as to whether it is permissible for an ill person to make jam’. [To imitate another Madhhab does not mean to change your Madhhab. A Hanafī person who imitates Imām-i Shāfi’ī (rahmatullāhi ta’ālā ’alaih) does not leave the Hanafī Madhhab]. It is stated in the fatwā of Shamsuddīn Muhammad Remlī, a Shafi’ī savant, and also in the book I’ānat-ut-tālibīn alā-hall-i elfāz-i Fath-il-mu’īn[1], that one cannot perform two rek’ats of those prayers of fard namāz that contain four rek’ats, that two prayers of namāz cannot be performed in the same time period before starting the journey or when the journey is over. This fatwā is printed in the margins of the book Fatawā-i Kubrā[2].

Namāz cannot be performed in jamā’at on different animals. After stopping, it can be performed on the same individual mahmil, carriage or bus, in jamā’at, like performing it in a room.

It is written in Halabī-i kebīr: “As Shamsul’aimma Halwānī said, if you start performing namāz while standing towards the qibla on an animal and then the animal turns away from the qibla, the namāz, if it is fard, will not be accepted. You must not remain deviated from the direction of qibla as long as the duration of one rukn. [So is the case when on a bus or train].

According to the Imāmayn, when on a sailing ship it is not permissible to perform the fard namāz sitting without a very good excuse. Dizziness is a good excuse. Imām-i a’zam said that even a dizzy person had better perform it standing. If possible, it is better to get off the ship and perform the prayer on land. A ship anchored out in the sea is like a sailing ship if it is rolling badly with the wind. If it is rolling slightly, or if it is alongside the shore, it is not permissible to perform the fard

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[1] Written by Abū Bakr Shatā 'rahmatullāhi ta'ālā 'alaih', (d. 1310).

[2] Written by Ibni Hajar-i-Mekkī 'rahmatullāhi ta'ālā 'alaih', (899 [1494 A.D.] - 974 [1566], Mekka.)

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namāz sitting. If a ship has run aground, it is always permissible to perform namāz standing on it. If the ship is not stranded, majority of Islamic scholars say that it is not permissible to perform the fard namāz on it if it is possible to get off. Such a ship is like an animal. A stranded ship, [a bridge or a wharf built on masts in water or fastened with chains to the bottom] is like a table or divan on land. When beginning namāz on a sailing ship it is necessary to stand towards the qibla and, if the ship turns, to turn towards the qibla during the namāz. For, turning towards the qibla on a ship is like being in a room. It is not permissible for a person who is able to make the rukū’ and the sajda to perform even the supererogatory namāz by signs on a ship.”

It is written in Marāq-il-falāh: “It is permissible to perform the supererogatory prayers in sitting position even without an excuse. But the sunnat of morning prayer you must perform standing. If you perform supererogatory prayers sitting you will be given only half of the thawābs. When doing so you bend for the rukū’ and place your head on the ground for the sajda. Or you stand up to make the rukū’ and then bend into the rukū’. He who cannot perform it standing performs it sitting. He bends for the rukū’, and places his head on the ground for the sajda. He who cannot place his head on the ground for the sajda performs namāz by making signs.”

It is written in Hidāya[1] and in Nihāya:[2] “It is permissible to perform the fard namāz on a docked ship. But it is better to get out and perform it on land.” It is written in Bahja:[3] “When going from Istanbul to Üsküdar on a small sailing ship, if the time of the early afternoon prayer is about to end, it is permissible to perform early afternoon prayer sitting, since it is impossible to get off the ship.” When not travelling, a person cannot perform the early afternoon prayer together with the late afternoon prayer by imitating the Shāfi’ī Madhhab.

On the night of the Mi’rāj,[4] evening prayer was arranged as

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[1] A book of Fiqh written by Burhān-ad-dīn Merghinānī 'rahmatullāhi 'alaih', (martyred in 593 [1197 A.D.] by the hordes of Dzengiz Khān.

[2] Written by Husayn bin 'Alī 'rahmatullāhi 'alaih'.

[3] Bahja-t-ul-fatāwā, by Abdullah Rūmī 'rahmatullāhi 'alaih', (d. 1156 [1743 A.D.], Kanlżca, Bosphorus.)

[4] Hadrat Muhammad's ascent to heaven. There is detailed information about Mi'rāj in the first fascicle of Endless Bliss and in Belief and Islam.

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three rak’ats and the other fard prayers as two rak’ats. A second commandment in the blessed city of Medina increased all the five prayers, except morning and evening prayers, to four rak’ats. In the fourth year of the Hegira these prayers were reduced again to two rak’ats for a traveler. In the Hanafī Madhhab it is sinful for a traveler to perform them as four rak’ats (Durr-ul-mukhtār).

If a musāfir performs the fard as four rak’ats, the last two rak’ats become supererogatory prayers. But he becomes sinful because he has disobeyed the commandment, he has omitted the takbīr of iftitāh (beginning) for the supererogatory prayer, he has omitted the salām of the fard and because he has mixed the supererogatory prayer with the fard. He may go to Hell if he does not make tawba. A person who forgets and performs four rak’ats must make the sajda-i sahw. If the imām who is musāfir performs four rak’ats by mistake, the namāz of a settled person who has followed him becomes fāsid (it will not be accepted). If he does not sit in the second rak’at, his fard namāz will not be accepted. If, before making the sajda of the third rak’at, he intends to stay for fifteen days in that city, he will have to perform that fard namāz as four rak’ats. But it will be necessary for him to repeat the qiyām and the rukū’ of the third rak’at because he has performed those two (the qiyām and the rukū’) as supererogatory prayer. A worship performed as supererogatory cannot take the place of a fard. [Hence it is understood that the supererogatory prayers or the sunnats cannot take the place of those fard prayers that have been left to qadā]. Please see the twentieth chapter.A musāfir says short sūras. He makes the tesbīhs no less than three times. On his way, i.e. when he is in trouble, he can omit the sunnats except the sunnat of morning prayer. However, it is permissible to omit the sunnats with a good excuse. [Hence it is understood that the sunnats can be performed with the intention of performing the qadā of the omitted fard prayers].

If a person intends to go back before having gone a distance of three days, he automatically goes out of the state of being a musāfir. He becomes settled. If a person who has left the city with the intention of going a way of three days enters his own city after having gone more or less than a three days’ journey, or if he intends to stay for fifteen days at some other place, he becomes settled again. If he intends to stay there less than fifteen days, or if he stays there for years without intending to do so, he is a musāfir. If a soldier in dār-ul-harb intends to stay at some place even for fifteen days, he does not become settled.Also a

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musāfir who intends to stay for fifteen days on a ship out in the sea or on an uninhabited island does not become settled. A sailor does not become settled even if his posessions, wife and children are on the ship. A ship is not a home. Those who intend to stay for fifteen days altogether in different places such as Mekka, Minā and Arafāt, do not become settled. Those who are under orders, such as women, students, soldiers, officers, workers, and children act not upon their own intentions, but upon their husbands’ or mahram relatives’, teachers’, commanders’, or employers’ commands. If their commander intends to stay at some place for fifteen days, they remain musāfir until they hear of the commander’s intention. Upon knowing the intention, they become settled. Soldiers who invade an enemy country or who besiege a fortress from land or sea become musāfir even if they intend for fifteen days. Those who go to an enemy country, but not for war, become musāfir or settled, depending on their intention. A person who has just become a Muslim in Dār-ul-harb is settled if he is not under torture. Those who live in tents become settled when they intend to stay in a desert for fifteen days. Others do not become settled in a desert.

He who sets out for a journey towards the end of the time of a certain namāz performs two rak’ats of that namāz performs a namāz of two rak’ats if he did not perform it (before setting out). He who arrives at his home towards the end of a prayer time performs four rak’ats if he did not perform it (during the journey).

The place where a person is settled or where he has settled his home is called a Watan (home). There are three kinds of watans in Hanafī Madhhab. The first one, Watan-i aslī, one’s real home, is the place where the person was born or got married or where he established his home with the intention of living there permanently. If he intends to leave the place years later or when something he expects happens, he has not settled there even if he lives there for years. If a person gets married at a place without intending to stay there even for fifteen days, that place becomes his watan-i aslī. He becomes settled there. When a person who has wives from two different cities goes to one of those cities, it becomes his watan-i aslī. He becomes settled in those cities. If his wife dies, that place is no longer his (real home), even if he has houses or land there. If he goes to a place where he did not get married and intends to establish his home there, the place becomes his real home. Even if the place where the parents of a boy at the age of puberty live is at the same time the place where

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he was born, if he leaves the place and settles in some other place where he intends never to leave, or if he gets married there, that place becomes his real home. When he visits his parents, their residence does not become the boy’s real home unless he intends to reestablish his home there. His real home is where he got married or where he settled last. When settling at a place, his former watan-i aslīs, where he settled before and where he was born, become invalid, even if the distance between them is less than three days or even if he did not set out with the intention of being safarī. If a person who has left his real home in order to settle in another place changes his way to settle at some other place, he performs namāz four rak’ats while going through his first place. For he has not acquired a new home yet. If he makes his wife settle in one place and then he himself settles in another place, both places become his watan-i aslī. When a person enters his watan-i aslī he becomes settled. He does not need to intend to stay there for fifteen days.

The second watan is called Watan-i iqāmat, transient home. A place where one intends to stay continuously for fifteen days or more in Hanafī and for four days or more in Shāfi’ī and Mālikī, excluding the days of arrival and departure, and then leave, is called a Transient home. If a person, while intending to stay at a place for fifteen days, intends also to go to some other place and then return there within these fifteen days, that place does not become his transient home. If he intends to stay there at nights and at some other place during the days, the former becomes his Watan-i iqāmat. If he intends to stay at a place for years in order to receive an education or to do some job there and then leave after finishing it, the place becomes his Watan-i iqāmat. If he settled there with the intention of never leaving, it would become his Watan-i aslī. Three things invalidate the watan-i iqāmat: When one goes to another watan-i iqāmat the first watan-i iqāmat becomes invalid, even if one did not set off with the intention of being safarī, even if the distance between both places is less than three days’ way. Secondly, going to one’s watan-i aslī invalidates it. For example, if a person who follows Hanafī Madhhab stays in the blessed city of Mekka for fifteen days and then goes to Minā and gets married there, Minā becomes his watan-i aslī. The blessed city of Mekka al-mukarrama leaves the state of being his watan-i iqāmat. The third cause is to set out on a journey (with the intention of being

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safarī). That is, if a person leaves his watan-i iqāmat with the intention of going to a place of three days plus three nights’ way, the first place is no longer his watan-i iqāmat. If he goes and comes back with the intention of a shorter journey, his watan-i iqāmat does not become invalid. If he leaves his watan-i iqāmat without an intention (for safar) but at another place intends to go to a place that is three days away and then enters his watan-i iqāmat again before having travelled for three days, his being safarī becomes invalid, and he becomes settled. If he enters there after having gone a distance of three days, even if he set out with the intention (of safar), or if he never goes through his watan-i iqāmat, he does not become settled. In the Shāfi’ī Madhhab, if a person (going on a safar) knows that the business he is going to do there is going to take no less than four days, he becomes muqīm (settled) as soon as he reaches his destination even if he does not make niyyat. If he does not know well how long it will take, he becomes settled eighteen days later.

If two people who follow Hanafī Madhhab, one travelling from Istanbul to Baghdad and the other from the blessed city of Mekka to Kūfa, both intend to stay at their respective places for fifteen days and later leave those places, which have now become their respective watan-i iqāmats, and then go to a place called Qasr, neither of them becomes a traveller when arriving in Qasr. For the place called Qasr is between Baghdad and Kūfa and is a two days’ way from both places. If they intend to stay in Qasr for fifteen days, Baghdad and Kūfa are no longer their watan-i iqāmats. For the place called Qasr has now become their new watan-i iqāmat. If they go from Qasr to Kūfa fifteen days later, they do not become safarī. If they leave Kūfa a day later and go to Baghdad through Qasr, they never become safarī on their way because Qasr is the watan-i iqāmat for both of them. When they leave there without intending for a journey of three days and then come back, they do not become safarī. When they first left Baghdad and Kūfe, if they intended for a way of four days, meeting in Qasr and then going to Kūfa together and staying there one day and then leaving for Baghdad, they would be safarī the entire time because they would have intended for a journey of three days. The one from Istanbul would have walked that entire distance. And when the one from the blessed city of Mekka set off on the journey, Kūfa would have no longer been his watan-i iqāmat. Since the city of Qasr is not their hometown, their going through it would not cause them to become settled. If the one

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from Istanbul, after staying in Kūfa for fifteen days, left with the intention of going to Mekka and then returned to Kūfa for some business before having gone a way of three days, he would not have become settled. For, upon his leaving the city with the intention of going a three days’ way, the city of Kūfa would have left the state of being his watan-i iqāmat. Kūfa is south of Baghdad and Kerbelā.

The third kind of home, Watan-i suknā, is the place where one has stopped, intended to stay less than fifteen days, or where one has lived for years though one may have intended to leave there a day after one’s arrival. A safarī person must always perform two rak’ats of the fard prayers in the watan-i suknā. If a person arriving in a city or a village intends to stay there ten days and if after ten days he intends again to stay there seven days longer, he does not become settled.

Being in one’s watan-i iqāmat or watan-i suknā does not invalidate one’s watan-i aslī. Setting out for a journey does not invalidate one’s watan-i aslī, either. Being in a watan-i suknā does not invalidate one’s watan-i iqāmat. But it invalidates one’s former watan-i suknā.

A safarī person does not become settled when he is in a watan-i suknā. A person who is not safarī is settled in a place where he makes his watan-i-suknā. If a person who has left his town in order to go to a village that is not so far as a safar[1] from his town stays in the village for less than fifteen days, the village becomes his watan-i suknā. He does not become safarī there. He performs the fard prayers completely. Then, if he leaves the village without intending for a safar and if he intends for a safar on the way before arriving in his own town or in another watan-i suknā, he must perform two rak’ats of the fard prayers on the way. If he enters the village he becomes settled. Not having entered his watan-i aslī or another watan-i suknā, and having started without the intention of a safar, his watan-i suknā does not become invalid. As it is seen, invalidation of the watan-i suknā is similar to the invalidation of the watan-i iqāmat. One’s being settled in the watan-i suknā requires that the watan-i suknā be within a distance less than a safar [three days] from one’s watan-i aslī or watan-i iqāmat.

A person is going, say, from Kūfa to Qadsiya. The distance between them is less than three days’ way. He leaves Qadsiya for

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[1] A journey that would take three days plus three nights by walking.

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Hira. Also the distance between these two is less than a way of three days. Then he returns to Qadsiya before arriving in Hira. He will pick up something he has forgotten and then go to Damascus. He does not go through Kūfa. He must perform the fard namāz completely in Qadsiya because when leaving there he did not intend to be a safarī, nor did he enter Hira; hence, Qadsiya is still his watan. Hira is five kilometres southeast of Kūfa, and Qadsiya is a little farther down south.

If a person sets off for a journey of three days’ way and stays at a village less than fifteen days before having gone a way of three days but leaves the village and then returns there again, he does not become settled. This is because he was safarī when he first arrived there, too.

If a menstruating woman who does not have her husband or a mahram relative with her sets off for a journey with the intention of a safar, this intention is of no value. She does not become safarī at the place where she stays before travelling for three more days after her menstruation is over.

It is written in the books Berīqa and Hadīqa: “It is harām in the three Madhhabs for a free woman to go on a journey of three days alone or with other women or with her mahram relative who is not at the age of wisdom and puberty and who is not pious without her husband or one of her eternally mahram relatives to accompany her. In the Shāfi’ī Madhhab, women may go out for a hajj that is fard without any one of their mahram relatives with them. It is mekrūh for one man or two men to go on a safar (a three days’ journey). It is not mekrūh for three men. It is sunnat for four men to travel together and for them to choose one from among themselves to be the commander.” The book Hindiyya, in its chapter about nafaqa, and the books Tahtāwī, Durr-ul-mukhtār and Durr-ul-munteqa, in the chapters dealing with hajj (pilgrimage), state: “A woman can set off on a safar with a murāhiq, that is, her mahram relative who is twelve years old and who has almost reached the state of puberty.”The book Qadīhān states: “A woman can set off on a safar with a group of pious people.” [It is permissible to act upon

 

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these two judgements when there is a good excuse.] The book Majalla, in its 986th article, states: “To complete the ages of nine and twelve is to enter the state of puberty for girls and boys respectively. The extreme limit is fifteen for both of them. When the age of fifteen is completed, they are said to have reached the age of puberty. Those who have completed the ages of nine and twelve but who have not experienced the state of puberty are called murāhiq

Aggrieved I am, from Khudā I demand remedy for my distress,
Incapable I am, from true Forgiveness I demand favour and kindness.

With black face, sins teeming, I’ve always been disobedient,
From the Janāb-i Kibriyā I demand pardon and forgiveness.

Heartfelt resolved I am to keep in the right path,
And so I demand a chance to attain His grace.

A diver I have been into the ocean of Islamic dīn,
From ocean I demand pearls, corals at each dive into deepness.

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