According to Shariah a traveller is a person who leaves his village or area
with an intention of travelling for a distance of three days.
1 A day means the shortest day in the year and the whole day does not mean
a distance of a person travelling from in the morning to night but the major
part of the day. For example, started walking from the break of dawn to the
afternoon and then repeated the same for the next two days, then the total distance
is regarded as travelling distance according to Shariah. Walking from dawn to
the afternoon does not mean continuous walking, but resting as and when necessary
and the speed is not too fast nor too slow. Walking on dry land means the same
speed as a camel and a man walking, walking on rocks and rough ground is whatever
speed necessary to walk and travelling on a boat is the speed when the wind
is not too fast nor too still [Durr-e-Mukhtar, Alamgiri]. 2 On dry ground the measurement is taken as miles and the total amount of miles are fifty seven and a half {57.5} (we have not mentioned any old measurements used) [Fatawa-e-Razvia, Bahar-e- Shariah].
Distance of Travel and the application of 'Asr
1 If the distance of three days is covered in two days or less then it is still regarded as a journey and a distance of less than three days is covered in more than three days then it is still not regarded as a journey [Durr-e-Mukhtar, Alamgiri].
2 A clear route on dry round for a distance of 57.5 miles is covered in a car or train in less than an hour but according to Shariah it is still regarded as a journey and the rules of 'Asr and other journey rules will apply [Radd-ul-Mohtar].
3 Only an intention of travelling is not sufficient but they have to leave the area, if it is a city then to leave the city, if it is a town to leave the town and if it is a city then not only the city but it's associated landmarks then the journey has begun [Durr-e-Mukhtar, Radd-ul-Mohtar].
4 If the station is outside the area then once reaching the station the journey will begin as long the intention to travel for a 'journey' has been made.
5 It is also necessary for a traveller to make the intention of a distance of more than three days (57.5 miles) from where he starts and if he makes the intention to travel for a distance of two days and then from there he made the intention of travelling another two days distance he will not be a traveller even though like this he may travel the whole world [Durr-e-Mukhtar].
6 It is also necessary for a journey to make the intention of travelling for a continuous distance of three days meaning if a person made the intention of travelling two days and stopping and did some work and then travelled for another day this would not be counted as a journey [Fatawa-e-Razvia, Bahar- e-Shariah].
ORDERS FOR A TRAVELLER
1 The meaning of 'Asr
It is Wajib for a traveller to perform 'Asr for Salaah, meaning for a four Rakat Fardh he should pray two Rakats as for the traveller this is the full Salaah.
2 There is no 'Asr for Maghrib and Fajr and should be prayed in full. Only for the Fardh Salaah of Dhuhr, 'Asr and 'Isha there is 'Asr.
3 If a traveller does not perform 'Asr then he will be a sinner.
0 No 'Asr for Sunnahs
1 There is no 'Asr in Sunnah and therefore should be prayed in full. In fact due to fear or if in a hurry you can miss the Sunnahs but you cannot pray them as 'Asr [Alamgiri].
2 If a traveller instead of praying 'Asr he prays the full four Rakats then if he has performed Qaidah in the second Rakat, then his Salaah will count and if he does not perform Qaidah in the second Rakat then his Salaah will be void.
3 A person is a traveller until he returns to his area or makes the intention of staying at the destination for more than fifteen days and this applies when he has travelled for a distance of three days. If he has not yet travelled for a distance of three days and decides to return, he is no longer a traveller even though he might be in a jungle [Alamgiri, Durr-e-Mukhtar].
Conditions of intention when reaching destination
For the intention of reaching destination to be correct there are six conditions, meaning when all six conditions have been fulfilled then he will have finished his full journey, otherwise not.
1. When you stop walking, if you make the intention whilst walking then you haven't finished your journey.
2. Wherever you have stopped is fit for stopping, meaning a jungle or boat in a river or ship at sea does not end the journey.
3. The intention is to stay for fifteen days, if the intention is for less then you will not have finished your journey.
4. This intention is for one place, if it is for two separate places, i.e. to stay in one place for ten days and the other for five days then you will not have finished your journey.
5. Your intention is made by yourself and not under the influence of another person who has authority over you and you have total control of your own intention.
6. A traveller is walking and he has not yet reached his destination and makes the intention then he is still a traveller and if he has reached his destination and makes the intention then he has finished his journey even though he may not have found a place to stay. [Alamgiri, Radd-ul-Mohtar].
2 Those who are under the control of someone else then their intention will count and those they are being controlled by, their intention will count. A husband's intention will count a wife's won't. A master's intention will count a slave's intention will not. An officer of the army's intention will count, the soldier's intention will not. Therefore, if the husband made the intention of finishing the journey and the wife did not then both will have finished the journey because the husband's intention will count and the wife's intention will not and in the same way if the wife made the intention of finishing the journey and the husband did not then they will not have finished the journey, and the same rule applies to all those who are dependent on someone else.
When can a traveller and non traveller follow each other
1 A non traveller can follow a traveller and when the Imam (who is the traveller) performs Salaam after two Rakats the non traveller who is the Muqtadee will stand up and finish his two remaining Rakats but in Qayam he must not pray anything and remain stood for the length of time it takes to pray Surah Fatiha and then go into Ruku and finish his Salaah off as normal [Durr-e-Mukhtar, etc.].
2 If the Imam is a traveller then he should state that he is a traveller and when he performs Salaam he should say 'all of you finish your Salaah, as I am a traveller'.
3 If a traveller followed a non traveller meaning the non traveller was the Imam then for the traveller the first Qaidah will become Wajib and will no longer be Fardh and therefore if the Imam did not perform the first Qaidah then the Salaah will not become void and if the traveller was Imam then the first Qaidah will be Fardh for the non traveller Muqtadees [Durr-e-Mukhtar, Radd-ul-Mohtar].
4 Once a traveller reaches his proper home town then he has finished his journey regardless of making an intention or not.
Definition of proper home town
1) Watn-e-Asli (proper town) is that place where you were born or where people from your family live or you have settled there and the intention is not to move from there. Watn-e-Iqamat (Place of stay) is that place where a traveller has made the intention of staying for fifteen or more days [Alamgiri, Bahar].
2) One Watn-e-Iqamat makes another Watn-e-Iqamat void, meaning you stayed with the intention in one place for more than fifteen days and then went to another place with the intention to stay there for fifteen or more days then the first place is no longer a Watn-e-Iqamat even if the distance between the two places is not as long as the distance of travel [Alamgiri, Bahar].
3) If you reached from Watn-e-Iqamat to the Watn-e-Asli or travelled from Watn-e-Iqamat for a distance of travel (57.5 miles) then the Watn-e-Iqamat is no longer Watn-e-Iqamat, meaning if you returned to that place and decided to stay less than fifteen days then you will remain a traveller [Alamgiri].
4) If a traveller gets married and even though his intention is not to stay there for fifteen days he is no longer a traveller and if a person has two wives then once he reaches their home in two different places he is not a traveller.
5) A woman marries and then goes to live at her husband's place and lives there permanently then her own home is no longer Watn-e-Asli, meaning if her husband's home is a distance of three days from her parent's home and she does not intend to stay there for fifteen days or more then she must pray 'Asr Salaah, and if she has not left her parent's home permanently then when she reaches her parent's home her journey has finished and she must pray the full Salaah [Bahar-e-Shariah].
A Woman cannot travel without a Mahrum
It is not allowed for a woman to travel for a distance of three days or more without a Mahrum (her husband or adult relative with whom her marriage is permanently forbidden, e.g. father, brother etc.). In fact she cannot travel for a distance of one day with a child or a person with less intelligence than average without being assisted by her husband or adult Mahrum [Alamgiri, Bahar etc.], it is necessary that the Mahrum is not a big wrongdoer or a person who has gained disrespect [Bahar-e- Shariah].
0 comments:
Post a Comment