Missed Ṣalāĥ: Definitions of Qaḍā, the Pillars of Repentance, and a Grave Warning

Flames of Fire in the Grave

A man's sister died; when he returned after burying her, he recalled that his pouch of money had dropped into her grave. So he returned to the graveyard in order to dig it out. When he dug it open, he saw a terrifying scene. The flames of fire were blazing in his sister's grave. He quickly filled up the grave again and rushed desperately towards his mother and asked her, "Dear mother! How were the deeds of my sister?" She said, "Son! Why are you asking?" He replied "I've seen flames of fire blazing in her grave." On hearing this, his mother began to cry too and said, "Your sister used to miss her Ṣalāĥ and would offer Ṣalāĥ beyond the stipulated time."

(Kitāb-ul-Kabāir, p. 26)

Dear Islamic brothers! When such bitter torments are for those who offer Ṣalāĥ beyond stipulated time, then how (perilous) would be the end of those who do not offer Ṣalāĥ at all?

If one Forgets to offer Ṣalāĥ then…?

The beloved Rasūl of Allāh صَلَّى اللّٰہ تَعَالٰی عَلَيْهِ وَاٰلِهٖ وَسَلَّم said, "If one misses his Ṣalāĥ due to sleep or forgetfulness, he should offer it when he recalls as it would be time of that Ṣalāĥ (for him)."

(Ṣaḥīḥ Muslim, pp. 346, Ḥadīš 684)

The reverent Islamic jurists رَحِمَهُمُ اللّٰہُ تَعَالٰی say, "If one misses his Ṣalāĥ due to sleep or forgetfulness, it is Farḍ for him to offer it as Qaḍā; there will be no sin of missing the Ṣalāĥ for him in this case. However, he should offer the Ṣalāĥ as soon as he recalls or wakes up provided it is not a Makrūh time, further delay is Makrūh."

(Bahār-e-Sharī'at, pp. 701, vol. 1)

Will the Šawāb of Adā be given if Ṣalāĥ Missed due to Unavoidable Reason?

There is a Fatwa concerning whether or not one will earn the Šawāb of an "Adā" Fajr Ṣalāĥ (offered within prescribed time) in case of offering it as "Qaḍā" Ṣalāĥ (offered beyond stipulated time) due to sleep: A'lā Ḥaḍrat Imām Aḥmad Razā Khān عَلَيْهِ رَحْمَةُ اللّٰہِ الرَّحْمٰن states on page 161 (volume 8) of Fatāwā-e-Razavīyyaĥ, "As far as the Šawāb for the Adā Ṣalāĥ is concerned, it is under the omnipotence of Allāh عَزَّوَجَلَّ. If Allah would see that he was not negligent on his part at all, he had been waking with intention to remain awake till dawn but went into sleep inadvertently, then there will be no sin on his part." The Merciful Prophet صَلَّى اللّٰہ تَعَالٰی عَلَيْهِ وَاٰلِهٖ وَسَلَّم states, "Sleeping is not recklessness in any case; recklessness is on part of one who does not offer Ṣalāĥ (despite being awake) until the time of next Ṣalāĥ begins."

(Ṣaḥīḥ Muslim, pp. 344, Ḥadīš 681)

Sleeping in the Last Part of the Night

If one goes to sleep after the time of Ṣalāĥ had started and resultantly, the time (of Ṣalāĥ) elapsed, rendering the Ṣalāĥ Qaḍā, he will definitely become sinner provided he was not confident enough to wake up nor there was someone who can awake him. In fact, it cannot be permitted to sleep even before the starting of timings of Fajr Ṣalāĥ provided most part of the night was spent in wakefulness and it is almost sure that if one sleeps now, he will not be able to wake within the timings (of Fajr).

(Bahār-e-Sharī'at, pp. 701, vol. 1)

Waking till Late Night

Dear Islamic brothers! If there is a fear of missing Fajr Ṣalāĥ due to staying awake till late hours at night in gatherings of Żikr and Na'at, religious congregations etc. one should sleep in the Masjid in such a case with the intention of I'tikāf or sleep at a place where someone trustworthy for rousing him is available or he should set an alarm clock which can wake him up but one should not depend upon just one timepiece as it may run down or turn off because of being hit by hand in sleep. The reverent scholars رَحِمَهُمُ اللّٰہُ تَعَالٰی say, "If one fears that he would miss the Fajr Ṣalāĥ, he is not allowed to stay awake till late hours at night without Shar'ī permission."

(Rad-dul-Muḥtār, pp. 33, vol. 2)

Definitions of Adā, Qaḍā and Wājib-ul-I'ādaĥ

Carrying out commandments within their stipulated timings is called Adā.

Carrying out commandments after the elapsing of stipulated timings is called Qaḍā.

If some flaw occurs in carrying out a commandment, repeating that worship to compensate for that flaw is called I'ādaĥ (Revision).

If Takbīr-e-Taḥrīmaĥ was uttered within the stipulated time, Ṣalāĥ would not become Qaḍā; it is still Adā.

(Dur-re-Mukhtār, pp. 627-632, vol. 2)

But in case of Fajr, Jumu'aĥ, and Eid Ṣalāĥ, it is necessary to perform Salām (of Ṣalāĥ) within the stipulated time; otherwise Ṣalāĥ will not be valid.

(Bahār-e-Sharī'at, pp. 701, vol. 1)

To miss Ṣalāĥ without a lawful exemption is a grave sin. It is Farḍ to perform it as Qaḍā and repent sincerely by heart. By virtue of repentance or an acknowledged Ḥaj إِنْ شَاۤءَاللّٰہ عَزَّوَجَلَّ the sin of delay (in offering the Ṣalāĥ) will be forgiven. Repentance will only be valid if one offers Qaḍā of the missed Ṣalāĥ. Repentance without performing Qaḍā is not repentance because the Ṣalāĥ which was due on him is still due and how can repentance be valid without refraining from sin!

(Rad-dul-Muḥtār, pp. 627, vol. 2)

Ḥaḍrat Sayyidunā Ibn-e-'Abbās رَضِیَ اللّٰہ تَعَالٰی عَنْهُمَا reports that the Prophet of Allāh, the intercessor of Ummaĥ صَلَّى اللّٰہ تَعَالٰی عَلَيْهِ وَاٰلِهٖ وَسَلَّم said, "The one who repents without abandoning sins is like the one who jokes with Allāh عَزَّوَجَلَّ."

(Shu'bul Īmān, pp. 436, vol. 5, Hadīš 7178)

There are Three Pillars of Repentance

Ḥaḍrat 'Allāmaĥ Sayyid Muḥammad Na'im-ud-Dīn Murādābādī رَحْمَةُ اللّٰہِ عَلَيْه says, "There are three pillars of repentance:

1.     Admitting the sin.

2.     Feeling of shame.

3.     Determination to abandon the sin. If the sin is compensable, it must compensate for it. For example, it is necessary for the completion of repentance of the abandoner of Ṣalāĥ to offer the missed Ṣalāĥ as Qaḍā."

(Khazāin-ul-'Irfān, p. 12)

It is Wājib to rouse a Sleeping Person for Ṣalāĥ

If someone is sleeping or he has forgotten to offer Ṣalāĥ, it is Wājib for the other who is aware of it to rouse the sleeping person or remind the one who has forgotten to offer Ṣalāĥ.

(Bahār-e-Sharī'at, pp. 701, vol. 1)

(Otherwise, the one who is aware will be sinner). Remember! Rousing or reminding will be Wājib only if it is almost sure that he would offer Ṣalāĥ; otherwise not.

The Valley of Wail: Grave Warnings for Those Who Miss or Delay Ṣalāĥ

Ruling on the Ṣalāĥ in which a traveller stands up to offer third Rak'at

If a traveller starts the third Rak'at in his Qaṣr Ṣalāĥ then there are two possibilities:

1.     If he has already sat for the Qa'dah Akhīraĥ (i.e., final sitting) [after the second Rak'at] for as long as it takes to recite the Tashaĥĥud, he must revert to the Qa'dah position provided he has not yet offered the Sajdaĥ of the third Rak'at. He is then required to perform Sajdaĥ Sahw and Salām [to finish his Ṣalāĥ]. And if he did not revert and offered Salām while standing, even then his Ṣalāĥ would be valid, but a Sunnaĥ would get missed.

If he has offered Sajdaĥ of the third Rak'at then he must add another Rak'at [to make it four] and finish it after performing Sajdaĥ Sahw. In this case, the last two Rak'āt will be regarded as Nafl.

2.     If he has stood up without sitting for the Qa'dah Akhīraĥ [after the second Rak'at] then as long as he has not offered the Sajdaĥ of the third Rak'at, he must revert to the Qa'dah, perform Sajdaĥ Sahw and then offer Salām.

If he has offered the Sajdaĥ of the third Rak'at [without sitting in Qa'dah after the second Rak'at, then his] Farḍ will become invalid. Now, he should add another Rak'at [to make it four] and offer Sajdaĥ Sahw and complete his Ṣalāĥ. All these four Rak'āt will be regarded as Nafl. (Offering two Rak'āt of Farḍ still remains an obligation for him).

صَلُّوْا عَلَى الْحَبِيْبِ ۞ صَلَّى اللّٰہ تَعَالٰی عَلٰی مُحَمَّد

Qaḍā Ṣalāĥ and the journey

The Ṣalāĥ missed in the state of being a resident will have to be offered as Qaḍā with complete number of Rak'āt without being shortened even during a journey. Likewise, the Ṣalāĥ missed during a journey [as a traveller] will have to be offered as Qaḍā with Qaṣr (i.e., shortening) even after becoming a resident.

صَلُّوْا عَلَى الْحَبِيْبِ ۞ صَلَّى اللّٰہ تَعَالٰی عَلٰی مُحَمَّد

Drops of Mercy Fell on Me As Well

An Islamic brother of Korangi, Bāb-ul-Madina Karachi (approx. 22 years old) makes the following statement:

Unfortunately! I had indulged in many evils such as missing Ṣalāĥ, watching film and dramas, fashion and company of wicked friends. I was a spoilt youngster whose precious life was passing in sins. The crescent of Ramaḍān (1426 A.H.) appeared and the rain of Allah's mercy began to shower. Some drops of mercy showered on me as well and I performed collective I'tikāf during the last ten days of Ramadan in the Karimia Qadiriyyaĥ Masjid of Korangi, Bāb-ul-Madina Karachi.

The prolonged dark night of my life's autumn began to turn into the bright morning of the spring. اَلْحَمْدُ لِلّٰہ عَزَّوَجَلَّ participation in the collective I'tikaf changed my life-style altogether; I not only repented of all the sins, began to offer Ṣalāĥ, grew beard, began to wear the turban but I also travelled with a 30 days Sunnaĥ-inspiring Madanī Qafilaĥ of Dawat-e-Islami, the international non-political religious movement of the Quran and Sunnaĥ in the company of the Prophet's lovers in order to learn sunnah.

اَلْحَمْدُ لِلّٰہ عَزَّوَجَلَّ at this moment in time, I am carrying out the Madanī work of Dawat-e-Islami as a Zeli Qafilaĥ Zimmadār in a Masjid.

صَلُّوْا عَلَى الْحَبِيْبِ ۞ صَلَّى اللّٰہ تَعَالٰی عَلٰی مُحَمَّد

Method of Missed Ṣalāĥ*

Excellence of Durūd Sharīf

The Prophet of mankind, the peace of our heart and mind, the most generous and kind صَلَّى اللّٰہ تَعَالٰی عَلَيْهِ وَاٰلِهٖ وَسَلَّم said, "Reciting Durūd upon me is refulgence on the bridge of Ṣirāṭ. The one reciting Durūd upon me eighty times on Friday, his eighty years' sins will be forgiven."

(Al-Jami'us-Ṣagīr, pp. 320, Ḥadīš 5191)

صَلُّوْا عَلَى الْحَبِيْبِ ۞ صَلَّى اللّٰہ تَعَالٰی عَلٰی مُحَمَّد

The 4th and 5th verses of Sūraĥ Mā'ūn (Section 30) warn as under:

فَوَيْلٌ لِّلْمُصَلِّيْنَۙ ۞ الَّذِيْنَ هُمْ عَنْ صَلَاتِهِمْ سَاهُوْنَ ۞

So woe to those performers of Ṣalāĥ. Who are neglectful of their Ṣalāĥ.

Mufassir-e-Shahīr, Hakeem-ul-Ummat, Ḥaḍrat Mufti Ahmad Yār Khān عَلَيْهِ رَحْمَةُ اللّٰہِ الْقَنِيّ states regarding Ayah No. 5, "There are some cases of heedlessness: never offering the Ṣalāĥ, offering the Ṣalāĥ irregularly, not offering the Ṣalāĥ at proper time, offering the Ṣalāĥ by incorrect method, offering the Ṣalāĥ without taking interest, offering the Ṣalāĥ without contemplation, offering the Ṣalāĥ lazily and carelessly."

(Nūr-ul-'Irfān, p. 958)

*According to Ḥanafī Doctrine

Horrible Valley of Hell

There is a mention of the word "Wail" in verse number 4. Ṣadr-ush-Sharī'aĥ Ḥaḍrat Maulānā Muḥammad Amjad 'Alī A'ẓamī رَحْمَةُ اللّٰہِ تَعَالٰی عَلَيْه says, "In Hell, there is a valley that is so horrific that even Hell itself seeks refuge from its severity. This valley is called "Wail" and it is for those who miss their Ṣalāĥ deliberately."

(Bahār-e-Sharī'at, vol. 1, pp. 347)

Mountains would Melt Down due to Heat

Ḥaḍrat Sayyidunā Imām Muḥammad bin Aḥmad Żaĥabī رَحْمَةُ اللّٰہِ تَعَالٰی عَلَيْه says, "It has been said that there is a valley in Hell bearing the name 'Wail'. If even mountains of the world are put into it, they would melt due to its heat. It is the abode of those who are sluggish in their Ṣalāĥ and offer Ṣalāĥ beyond stipulated time making it Qaḍā, unless they feel ashamed of their recklessness and repent in the court of Allāĥ عَزَّوَجَلَّ."

(Kitāb-ul-Kabāir, p. 19)

The Torment of Head-Crushing

The beloved and blessed Prophet صَلَّى اللّٰہ تَعَالٰی عَلَيْهِ وَاٰلِهٖ وَسَلَّم said to his blessed companions رَضِیَ اللّٰہ تَعَالٰی عَنْهُمْ, "Two angels (Jibrāīl and Mīkāīl) عَلَيْهِمَا السَّلَام came to me tonight and took me to the sanctified land where I saw that a person was lying and another person was standing by his head holding a stone. The standing person was repeatedly crushing his head with the stone and every time his head would heal. I asked the angels, 'سُبْحَانَ اللّٰہ عَزَّوَجَلَّ who is he?' They requested me to proceed further (and after showing me other scenarios of torment) they answered, 'The first person you saw was the one who had abandoned the Quran having read it and would sleep at the time of Farḍ Ṣalāĥ, (so) he will be punished like that until the Day of Judgement'."

(Ṣaḥīḥ Bukhārī, pp. 425, vol. 4, Ḥadīš 7047)

Qaṣr Rulings, Travelling Imāms, and Offering Nafl Ṣalāĥ on a Moving Conveyance

Qaṣr [shortening Ṣalāh] is Wājib

It is Wājib for a traveller to do Qaṣr in Ṣalāh [offer shortened Ṣalāh]. That is, the four Rak'āt Farḍ Ṣalāh [like Ẓuhr, 'Aṣr and 'Ishā] must be reduced to two Rak'āt. For a traveller, these two Rak'āt are complete Ṣalāh. If he offered four Rak'āt intentionally and sat for Qa'dah after the second Rak'at, then his Farḍ would get offered and the last two Rak'āt would be considered as Nafl but he would be a sinner, deserving hellfire because a Wājib would get missed. Therefore, he must repent of it.

If he did not sit for Qa'dah after the second Rak'at, then his Farḍ would not get offered and all four Rak'āt would be deemed as Nafl. However, if he made the intention of residing [for the next fifteen days] before he performed the Sajdaĥ of the third Rak'at, his Farḍ would be valid, but he would have to repeat the Qiyām and Rukū' of the third Rak'at. And if he made this intention during the Sajdaĥ of the third Rak'at, then his Farḍ would become invalid. Similarly, if he did not do Qirā`at in any of or both the first two Rak'āt, his Ṣalāh would be invalid.

(Bahār-e-Sharī'at, vol. 1, pp. 743; 'Ālamgīrī, vol. 1, pp. 139)

Rulings on Ṣalāh started with intention of four Rak'āt instead of Qaṣr

If a traveller made the intention of offering four Rak'āt Farḍ Ṣalāh [Instead of Qaṣr [shortened Ṣalāh] by mistake but realized it during the Ṣalāh and offered Salām after two Rak'at, his Ṣalāh would be valid. Similarly, if a resident made the intention of offering two Rak'āt of Farḍ instead of four but completed four Rak'āt and offered Salām afterwards, his Ṣalāh would be valid.

The honourable scholars of Islamic jurisprudence رَحِمَهُمُ اللّٰہُ تَعَالٰی have stated: It is not necessary to specify the number of Rak'āt when making the intention of offering Ṣalāh as it is implicit. Hence, a mistake in the specification of the number of Rak'āt during the intention does not affect Ṣalāh.

(Durr-e-Mukhtār, vol. 2, pp. 120)

Travelling Imām and resident Muqtadī (follower)

[When offering Ṣalāh with Jamā'at] it is also an essential requirement for the follower to know whether the Imām is a traveller or a resident so that his act of following the Imām in Ṣalāh can be valid. It does not matter whether the follower knows it at the time of the commencement of Ṣalāh or afterwards. Therefore, the Imām should announce that he is a traveller before he starts leading the Ṣalāh. If he did not make the announcement at the beginning of Ṣalāh, he should do afterwards in these words: 'I am a traveller. All resident Islamic brothers should complete their Ṣalāh' [i.e. offer complete four Rak'āt].

(Durr-e-Mukhtār, vol. 2, pp. 735)

If he has already announced at the beginning, even then he should announce that he is a traveller after the Ṣalāh so that those who were not present at the beginning of Ṣalāh will also come to know about it. If it is obvious that the Imām is a traveller then post-Ṣalāh announcement is only Mustaḥab.

(Bahār-e-Sharī'at, vol. 1, pp. 749)

Resident follower and remaining two Rak'āt

When completing their remaining Ṣalāh after the Imām who is a traveller has offered the Salām of shortened Ṣalāh, the followers should stand silent in the third and fourth Rak'at of Farḍ for as long as it normally takes to recite Sūraĥ Al-Fātiḥaĥ instead of reciting it.

(Durr-e-Mukhtār, vol. 2, pp. 735; Derived from: Bahār-e-Sharī'at, part 1, pp. 748)

Are travellers exempted from offering Sunnaĥ Ṣalāh?

During the journey, Sunnaĥ Ṣalāh are not shortened but rather will be offered completely. If the traveller is in the state of fear or anxiety, he is exempted from offering Sunnaĥ Ṣalāh but he is required to offer it when in peace.

('Ālamgīrī, vol. 1, pp. 139)

صَلُّوْا عَلَى الْحَبِيْبِ ۞ صَلَّى اللّٰہ تَعَالٰی عَلٰی مُحَمَّد

In connection with five letters of 'Ṣalāĥ', five Madanī pearls about offering Nafl Ṣalāĥ on a moving conveyance

1.     [For a traveller who has travelled] outside the city, ('outside the city' refers to the place from where Qaṣr becomes Wājib for a traveller), one can offer Nafl Ṣalāĥ while riding a conveyance (e.g. a moving car, bus, or van). In this condition, facing the direction of Qiblaĥ is not a pre-condition) and the traveller must face the direction towards which the conveyance is moving. If he does not face this direction, then the Ṣalāĥ will not be permissible. Facing the Qiblaĥ is not a condition even at the time of the beginning of Ṣalāĥ. He is required to face the direction towards which the conveyance is moving, and to perform Rukū' and Sujūd by gestures. (It is also necessary that the motion for Sajdaĥ should be lower than that of the Rukū' (i.e. one has to bend more for Sajdaĥ than for Rukū').

(Durr-e-Mukhtār, Rad-dul-Muḥtār, vol. 2, pp. 588; Bahār-e-Sharī'at, vol. 1, pp. 671 )

2.     If there is enough space on a conveyance like a moving train etc., then one will have to offer Nafl Ṣalāĥ while facing the Qiblaĥ as usual.

3.     After a villager has been out of his village, he can offer Nafl Ṣalāĥ on the conveyance.

(Rad-dul-Muḥtār, vol. 2, pp. 588)

4.     If one began Ṣalāĥ outside the city, in a conveyance, but entered the city while still offering Ṣalāĥ, he could complete his Ṣalāĥ until he reaches his house.

(Durr-e-Mukhtār, vol. 2, pp. 589)

5.     In a moving vehicle, without a Shar'ī exemption, one cannot offer any Farḍ, Sunnaĥ of Fajr, and Wājib Ṣalāĥ and cannot also perform the Sajdaĥ of recitation provided the verse of Sajdaĥ was recited on the ground. The Wājib Ṣalāĥ includes the Witr, the vowed [Nażr] Ṣalāĥ, or the Nafl Ṣalāĥ that was invalidated after being started. If there is a Shar'ī exemption then it is a condition that all the above-mentioned should be offered while standing and facing the Qiblaĥ, if possible, otherwise [i.e. if it is impossible then] in any possible manner.

(Bahār-e-Sharī'at, vol. 1, pp. 673 )

صَلُّوْا عَلَى الْحَبِيْبِ ۞ صَلَّى اللّٰہ تَعَالٰی عَلٰی مُحَمَّد

Traveller's Ṣalah: Overstaying Rulings, Women's Journey, and Visa-Based Residency

Once I have finished my work I will return!

If a traveller stays somewhere for a few days or even thirteen to fourteen days with the intention of doing some piece of work or waiting for his relatives or returning after doing his work, he will be deemed to be a traveller and will offer shortened Ṣalāh even if many years pass in this condition because he has the intention of staying there for less than fifteen days.

(ibid, pp. 747, 'Ālamgīrī, vol. 1, pp. 139)

The rulings for woman's journey

It is not permissible for a woman to travel the distance of three days (approximately 92 km) or more, without a Maḥram. She cannot also travel with a minor or a partially insane person. During the journey, she must be accompanied by an adult Maḥram or her husband.

('Ālamgīrī, vol. 1, pp. 142)

If accompanied by a (reliable) Maḥram adolescent boy (who is near the age of puberty), a woman can travel. An adolescent Maḥram close to puberty is deemed to be an adult. The [accompanying] Maḥram must not be one who unnecessarily takes risks. Likewise, he must neither be a severe transgressor nor a vulnerable person.

(Bahār-e-Sharī'at, vol. 1, pp. 752, 1044, 1045)

Woman's parental home and in-laws' home

If a married woman resides in the house of her in-laws, then her parents' home is no longer her original hometown [Waṭan-e-Aṣlī]. That is, if her in-laws' house is situated at a distance of three days (i.e. approximately 92 km) from her parents' home and she comes to her parents' home without making the intention of staying there for fifteen days, she must offer shortened Ṣalāh.

After marriage, if she has not abandoned the home of her parents and just visits her in-laws' home temporarily, then her journey will come to an end as soon as she returns to her parents' home. Now, she must offer normal Ṣalāh [with the complete number of Rak'āt without shortening it].

(ibid, pp. 751)

Ruling for those staying in an Arab country on visa

Nowadays, many people along with their families migrate to other countries for business etc. They get the visa for a fixed period of time (for example, in U.A.E. a residential visa is issued for a maximum period of three years). This is a temporary visa and must be renewed after every three years by paying a fixed amount of money. Since this visa is issued for a limited period of time, the intention of staying there permanently [and making it an original hometown] is not valid even though one resides there with his family for one hundred years in this situation. U.A.E. cannot be his original hometown [Waṭan-e-Aṣlī] in this case. Whenever he returns from a journey, he will have to make the intention of staying [for the next fifteen or more days]. For example, a person living in Dubai travels – with a Sunnah-Inspiring Madanī Qāfilah of Dawat-e-Islami with the devotees of Prophet – to Abu Dhabi, the U.A.E capital, which is approximately 150 km away. Upon his return, if he wants to stay in Dubai, he will have to make the intention of staying for the next fifteen or more days otherwise the rulings of a traveller will apply for him. However, if it is apparent from his circumstances and condition that he will be spending fifteen or more days in Dubai, then he has become a resident.

If he does such type of business which involves Shar'ī-travel from time to time and hence is unable to live in Dubai for complete fifteen days and nights, he will remain a traveller and will offer shortened Ṣalāh although he pays visits to his family in Dubai for several years in this way. Those supplying goods to far-flung areas outside their cities, visiting different cities and countries and drivers [for transportation companies] must keep these rulings in mind.

An essential ruling for the visitor of Madīnaĥ

If a person has made the intention of staying (for fifteen days or more) but his circumstances indicate that he would not be able to stay for fifteen days then his intention is not valid. For example, a person travels [92 km or more] to perform Hajj and makes the intention of staying in Makka-tul-Mukarramaĥ for the next fifteen days despite the fact that the month of Żul-Ḥijja-til-Ḥarām has commenced. This intention of his will not count since he has intended to perform Hajj and will certainly go to Minā and 'Arafāt on the 8th and 9th of Żul-Ḥijja-til-Ḥarām respectively in order to perform the rites of Hajj. Therefore, he will not be able to stay for fifteen (consecutive) days in the blessed city of Makkaĥ. However, if he makes the intention of staying in Makkaĥ after he has returned from Minā, then his intention will be valid provided he could really stay in Makkaĥ for the next fifteen days or more. If it is quite likely that he will depart within fifteen days for Madīnaĥ or his own country, then he will still remain a traveller.

(Durr-e-Mukhtār, vol. 2, pp. 729; 'Ālamgīrī, vol. 1, pp. 140)

Over-staying for Hajj after expiry of 'Umraĥ visa

Those having the intention of staying illegally for Hajj after reaching Makkaĥ or Madīnaĥ on 'Umraĥ visas or those residing in any country of the world after the expiry of their visas will be considered residents until they live in the city or village in which they were living as resident at the time of the expiry of their visas. Even if they live there for decades they will still remain residents. However, if they travel from that city or village with the intention of covering the distance of 92 km or more even once, they will become traveller as soon as they leave the populated areas of their city or village, nullifying their intention to stay [for fifteen days or more].

For example, someone went to Makka-tul-Mukarramaĥ from Pakistan on an 'Umraĥ visa and was residing in Makka-tul-Mukarramaĥ as a resident at the time of the expiry of his visa, the rulings of a resident will apply for him in this case. Say he went to Madīna-tul-Munawwaraĥ later on, he would become and remain a traveller even if he lives there for decades illegally. If he returns to Makka-tul-Mukarramaĥ, he will still remain a traveller and will have to offer shortened Ṣalāh. However, if he gets his visa renewed, he can make the intention of staying [for the next fifteen days or more].

Remember! If the violation of a law leads to humiliation, bribery and lying etc., then it is not permissible to violate it. My master, 'Alā Ḥaḍrat, Imām-e-Ahl-e-Sunnat, 'Allāmaĥ Maulānā, Ash-Shāĥ Imām Aḥmad Razā Khān عَلَيْهِ رَحْمَةُ الرَّحْمٰن has stated: Among Mubāḥ [permissible] acts, some are considered to be crimes from a legal point of view. Committing them (i.e. violating those laws) amounts to presenting oneself to be punished and disgraced, which is impermissible.

(Derived from: Fatāwā Razawiyyaĥ, vol. 17, pp. 370)

Therefore, staying in any country or for Hajj without a visa is not permissible. To declare this illegal stay for Hajj as a bounty of Allah عَزَّوَجَلَّ and benevolence of His Prophet صَلَّى اللّٰہ تَعَالٰی عَلَيْهِ وَاٰلِهٖ وَسَلَّم is a sheer folly.

Defining a Shar'ī Traveller: Distance, Hometown, and the Rulings of Qaṣr Ṣalāĥ

Distance of Shari journey

By Sharī'ah, a traveller is the person who has left his place of residence, i.e. city or village, with the intention of travelling 57½ miles (i.e. approximately 92 kilometres).

(Derived from: Fatāwā Razawiyyah, vol. 8, pp. 243; Bahār-e-Sharī'at, vol. 1, pp. 740, 741)

When does one become a traveller?

The mere intention of travelling does not render a person traveller. In fact, the rulings of a Shar'ī traveller will apply after he has travelled beyond the populated areas of his town, i.e. his village or city. For a city-dweller to travel beyond the populated suburbs adjacent to his city is also essential.

(Durr-e-Mukhtār, Rad-dul-Muḥtār, vol. 2, pp. 722)

Meaning of 'travelling beyond the populated areas'

To 'travel beyond the populated areas' means that one has travelled past the populated areas along the route of one's intended travel, even if the populated areas have not ended in the direction parallel to it.

(Ghunyah, pp. 536)

Definition of 'surroundings' of a city

To become a Shar'ī traveller, it is not necessary for a city-dweller to travel beyond the village adjacent to the outskirts of his city. Similarly, it is also not necessary for him to cross the orchards adjacent to the outskirts of the city, even if the caretakers and workers of those orchards live in them.

(Rad-dul-Muḥtār, vol. 2, pp. 722)

Outside the outskirts of the city, if certain places are dedicated for particular activities of city-dwellers like a graveyard, a racecourse and a dumping ground and they are adjacent to the city, then it is necessary to cross them. If there is some distance between these places and the city, then it is not necessary to cross them.

(ibid)

The condition for becoming a traveller

In order to become a Shar'ī traveller, the travelling person must have the intention of travelling the distance of three days (i.e. approximately 92 km), from the place of his departure. If he departs with the intention of travelling for a distance of two days (that is less than 92 km), and upon reaching there, intends to travel to another place which is also at a distance of less than three-days-distance (i.e. less than 92 km) he is still not a traveller. Even if he travelled throughout the world in this manner, he would not be deemed to be a Shar'ī traveller.

(Ghunyah; Durr-e-Mukhtār, vol. 2, pp. 722, 724)

It is also a condition that the travelling person intends to travel the distance of three days [i.e. approximately 92 km] consecutively. If he has such an intention that he will do some chore after he has travelled the distance of two days, and thereafter he will travel the distance of one more day, this is not the intention of consecutively travelling the distance of three days [i.e. approximately 92 km]. Therefore, he would not be deemed to be a traveller.

(Bahār-e-Sharī'at, vol. 1, pp. 743)

Types of hometown

There are two types of Waṭan (hometown):

1.     Original hometown [Waṭan-e-Aṣlī] is the town or city where a person was born or where his family members live or where he has settled with no intention of leaving.

2.     Temporary hometown [Waṭan-e-Iqāmat] is the place where a traveller intends to stay for fifteen days or more.

('Alamgīrī, vol. 1, pp. 142)

Cases of temporary hometown [Waṭan-e-Iqāmat] being nullified

One temporary hometown [Waṭan-e-Iqāmat] nullifies the other. That is to say, if a person stayed at a town or city for fifteen days or more and then went to another town with the intention of staying there for the next fifteen days or more, then the first town would no longer remain his temporary hometown regardless of whether or not there is a distance of three days (i.e. approximately 92 km) between the two towns.

Similarly, if a person returns to his original hometown [Waṭan-e-Aṣlī] or sets off a three-days-distance journey, the temporary hometown [Waṭan-e-Iqāmat] will be nullified.

(Durr-e-Mukhtār, vol. 2, pp. 731; Bahār-e-Sharī'at, vol. 1, pp. 751)

Two routes for a journey

If there are two routes to a particular destination – one is three-days-distance [i.e. approximately 92 km] long while the other is shorter, then the route one takes will be the determining factor. If one takes the shorter route, then he is not a traveller but if he took the longer route, then he would be a traveller even though he had no genuine reason to take the longer route.

('Alamgīrī, vol. 1, pp. 138; Durr-e-Mukhtār, Rad-dul-Muḥtār, vol. 1, pp. 726)

How long does a traveller remain a traveller?

A traveller remains a traveller unless he returns to his village or city, or makes the intention of staying in any populated area for complete fifteen days. This ruling will apply when he has travelled complete three-days-distance (i.e. approximately 92 km). Hence if he intends to return before covering the distance of three days (that is approximately 92 km), he is no longer a traveller even if he is in jungle.

('Ālamgīrī, vol. 1, pp. 139; Durr-e-Mukhtār, vol. 2, pp. 728)

Ruling on impermissible journey

Whether the journey is aimed at doing anything permissible or impermissible, the rulings of a traveller will apply.

('Alamgīrī, vol. 1, pp. 139)

Employer and employee travelling together

If an employee earning salary on a monthly or annual basis travels with his employer, then he is a follower of his employer. An obedient son is a follower of his father and a student whose teacher provides him with food is a follower of his teacher. The intention of the leader will be deemed to be the intention of the follower. Therefore, the follower should ask the leader about his intention and act as per his reply [i.e. if his leader is a traveller, the follower will also offer shortened Ṣalāh]. If the leader did not give any reply, then the follower must see whether his leader is a traveller or a resident. If the leader is a traveller, then the follower should also consider himself as a traveller and if the leader is a resident, the follower should also consider himself as a resident.

If it is not known whether the leader is a traveller or a resident then the follower must do Qaṣr [offer shortened Ṣalāh] after he has travelled a distance of three days (i.e. approximately 92 km). Before covering three-days-distance [approximately 92 km] he must offer normal Ṣalāh [with the complete number of Rak'āt]. If he did not get the chance of asking his leader, then the same previously mentioned ruling of 'asking but not receiving any reply' will apply.

(Derived from: Bahār-e-Sharī'at, vol. 1, pp. 745, 746)