Qasr at place of employment

Would my uncle perform Qasr salah at his work place? His work place is 52 miles away from where he lives and he stays there for four nights a week. He goes every Thursdays and comes back on Sundays. For a year he prayed salah in full what should he do? Make qadha?  

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The watn asli usually refers to a person’s hometown where he has taken up residence or a place besides his birthplace in which he has assumed permanent residence along with his family. After settling he has no intention of leaving the place. (Bahrur Raaiq p.136 v.2)

If a person relocates with his family and possessions to his place of employment with the intention that he will live there forever even if his employment terminates then this place will assume the status of watn asli. However if a person relocates with his family but intends to live in his place of employment only for the duration of his employment then there are two opinions. Some scholars say this place will not be regarded as his watn asli whereas other scholars have regarded such a place as watn asli, i.e. both places will be considered as watn asli. (Ahsanul Fatawa p.102 v.4)

Ibn Humam (RA) in his Fathul Qadeer has written that a place will cease to be regarded as watn asli if the following two conditions are found:

  1. A person completely disassociates himself from his watn asli and moves away with his family.
  2. He assumes permanent residence in another town.

With regards to your question, it is clearly evident that your uncle’s place of employment is not a permanent place of residence, but is more of a temporary place. Furthermore, he is also staying at that place for less than fifteen days; hence, he will be obliged to shorten his prayers at the place of employment.

Finally, if he prayed the prayers in full intentionally then he will have to do qadha of the prayers. However, if he prayed the prayers in full unintentionally or because of not knowing the ruling then there is no need for him to qadha of the prayers. (Fatawa Rahimiyah p.51 v.3)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.