Answered by Sidi Suheil Laher
A brother is using some hadith to justify shortening his prayers while studying medicine for 18 months away from home.
Please provide explanation that this is unacceptable.
He is using the following ahadith…
Naf”i relates: “Ibn ”Umar was in Azerbaijan for six months, as there was snow blocking the pass, and he would pray two rak”at.”
Hafs ibn ”Ubaidullah says: “Anas ibn Malik stayed in ash-Sham for two years and he prayed the salah of a traveler.” Anas relates: “The companions of the Prophet stayed in Ram Hurmuz for seven months and they shortened their salah.”
Al-Hassan reports: “I stayed with ”Abdurrahman ibn Samurah for two years in Kabul, and he shortened his salah but he did not combine the salah.” Ibrahim says: “We resided in Rai for a year or more and in Sijistan for two years . . . (and we prayed qasr). This is the guidance of the Prophet and his companions, and this is the correct position.
All praise is to Allah. Blessings and peace be upon the Messenger of Allah, and his Household and Companions.
Firstly, we observe that what has been cited is a collection of reports of the actions of some of the early Muslims (i.e. athar); there is no single hadith amongst them.
The final sentence (“This is the guidance of the Prophet and his companions, and this is the correct position.”) appears to be the conclusion of someone other than Ibrahim [al-Nakha`i] – perhaps of whoever compiled these narrations; (note that the closing quote, to mark the end of Ibrahim”s words, is missing, and Ibn Qudamah does not mention this as a statement of Ibrahim).
Even if it were to turn out to be a statement by Ibrahim al-Nakha`i, the statement is not clear enough to be taken as a fatwa; it does not say that everyone staying somewhere for that period can shorten prayers regardless of the circumstances.
Furthermore, Ibrahim (may Allah”s mercy be upon him) was a scholar of the Tabi`in, and we know that other scholars of the Tabi`in – indeed even of the Sahabah – held opinions different from what the brother is concluding or attributing to Ibrahim.
All of this highlights the importance of not trying to make one”s own conclusions (ijtihad) about details of worship from a cursory reading of a few narrations. One would need to start by determining what the Prophet (may Allah bless him and his Household and grant them peace) himself said or did on this matter. Only after that would one proceed to look at athar about the Companions and subsequent generations. A person conducting such research would also need to have a firm grasp of the necessary tools (disciplines) of ijtihad.
There is no hadith stating that the Prophet (may Allah bless him and his Household and grant them peace) ever shortened salah for such a prolonged stay of months or years; the longest period reported in authentic ahadith is 19 days. This was when he came to Makkah, and had not made a firm intention to stay for that long from the beginnning, as has been inferred by the vast majority of scholars, including those of the four Sunni schools (with some variations on the specific details and conclusions).
The narration (athar) the brother has cited can be understood in a similar light. Indeed, in hadith-oriented fiqh books (such as Imam Ibn Qudamah al-Hanbali”s “al-Mughni” (2/137-8)), we typically find these narrations mentioned under discussion of the salah of a traveller who plans to leave a place within a couple of days, but is continually forced by circumstances to delay his departure over and over. (For example, one has some business which one expects to be resolved in a day or two, but the business keeps getting extended by a few days at a time, such that at no given time is one intending to stay for a prolonged duration.)
According to the Hanafi school in particular, some of these narrations are understood as referring to war-time situations, in which the Companions or Tabi`in mentioned were in those places as soldiers in an army, for in such uncertain circumstances, it is not meaningful even to make an intention of staying for a particular duration. [I`la al-Sunan, 7/321-3]
Qadi Shawkani (may Allah”s mercy be upon him) makes some important observations on the issue; he says,
“The reality is that one who unloads his mount and intends – without hesitation – to stay put for a number of days, is not referred to as a traveller. Therefore, he should pray the salah in full, and not shorten without an evidence, and there is no [sufficient] evidence here….otherwise it would imply that one who intends to stay [somewhere] for several years would shorten his salah, but there is no [scholar] who has said this.” [Nayl al-Awtar, 3/237]
Note that Qadi Shawkani asserts that no scholar (whether Sunni or Shi`i) has allowed shortening prayers unconditionally for extended periods of time, which is tantamount to an ijma` (consensus).
As for the precise length of time for which one can shorten prayers, this is a matter of ijtihad: Hanafis concluded: 14 days, Malikis and Shafi`is: 4 days, and Hanbalis: 21 or fewer prayers. Note that each madhhab has further relevant details, for which the brother is referred to the appropriate sources, including other relevant answers on www.SunniPath.com.
In conclusion: It is positive that the brother is seeking to emulate the Prophet (may Allah bless him and his Household and grant them peace) and the early Muslims.
However, he is to be alerted to the importance of referring to trustworthy and rigorous scholarship when for one who is not properly equipped to perform ijtihad on his own (as is the case with most Muslims). “Ask the people of the message, if you do not know.” [Qur”an, 16:43]
He is advised to pray his salah in full (without qasr) during his 18-month sojourn, and – in addition to this clearly being more in conformance with the evidences as discussed above – it is to be hoped that this will also go further in strengthening his spiritual connection and bringing him closer to Allah, during this time when he is away from home and thus more vulnerable. “Indeed, salah prevents from immorality and wrong.” [Qur”an, 29:45]
And Allah knows best.
-sl