The traveler, traveling and its conditions
source: silsilat ul-hudā wa nnūr ~ the series of guidance and light ~ tape no.
247
Question #2: “Why did you complete (your prayer)?” [The
shaykh was led in prayer during his journey, then the imām
shortened (the prayer) but the shaykh did not shorten, so he
was asked about that] Shaykh al-Albānī answers:
“The matter )of being considered a traveler(, in my
understanding, does not depend on crossing a fixed distance
as much as it depends on two things, the foundation of which
is the intention, and the other is leaving the city/country. So if
there is the intention to travel, and he leaves the city/country,
the rulings of traveling are applicable (to him); and after that,
the distance that he crosses is not regarded, whether long or
short. As for (if) the fundamental principle is not present, which
is the intention, then this (person) who left (the city/country) is
not a traveler even if he crossed a long distance or less or
more, because traveling is one of the rulings that are linked
with this hadīth, about which some of the scholars of Islām
have said that it is a third of Islām: ‘Actions are only by (their)
intentions and every person will have only that which he
intended.’[1] And the truth is that this is a very sensitive issue
about which the views of the scholars have differed and they
did not agree on something completely clear such that it would
be possible for someone to say: ‘This is the truth, it is quite
obvious, so leave the side issues off of me.’ No one can say
this, but all that he can say is: ‘I chose such and such.’
So I chose – what I understood from the treatise of Ibn
Taimiyah (rahimahullaah) regarding this matter. He has a
special treatise about the rulings of traveling. Indeed he struck
a very wonderful example, from which the researcher and
student of knowledge understand that traveling has nothing to
do with crossing a long distance over a short distance. As for
(saying) that it has nothing to do with crossing a short
distance, then I think this is not an area of debate, because it
is established from the Messenger (of Allāh) ( (صلى الله عليه وسلم
that he used to leave from Madīnah to al-Baqīʽ (graveyard);
then he would greet them (the dead) with the salām, then
return. He used to go out to the martyrs, to Uhud; he would
greet them with the salām, then return. He did not consider
himself a traveler although he left the city. And the opposite of
that as well – if he crossed a long distance, that does not
mean that he became a traveler merely because of crossing
this distance.
The example that (Ibn Taimiyah) struck is as the following. He
was from Damascus like me, and there are well-known towns
around Damascus, so he struck an example with a city known
up to this time as Duma. He said, if a man seeking game[2]
left from Damascus to Duma (which is) 15 kilometers (away) –
there is no doubt that (crossing) this distance is (considered)
travelling according to our custom if the fundamental condition
exists, which is the intention to travel – (Ibn Taimiyah) says
that this man is not considered a traveler because he had left
for hunting then for returning. But what happened was that he
did not find the game that he was looking for, so he continued
on the journey, and continued and continued, and kept going
on until he reached where? – Aleppo; and there are
approximately 400 kilometers between Aleppo and Damascus
today by car. (Ibn Taimiyah) says this (man) is not a traveler –
although he had crossed (many) distances of the traveler, not
just one distance – because the first condition, which is the
intention to travel, was not there in this person. Thus, we can
say that a car driver leaves early in the morning from ʽAmmān
for instance to reach Maʽān (then) to al-ʽAqabah,[3] returning
by evening; this (person) is not a traveler because he, due to
his work, does not intend to travel; rather he intends to carry
out this work to make a living.
Therefore, regarding the subject of traveling, we must take
into consideration the fundamental condition, which is the
intention. And by us taking into consideration this intention, the
ruling differs for two persons who cross one and the same
distance, but one of them is a traveler and the other is not
considered a traveler because of the difference in their
intentions. And in this manner, there also occur rulings related
to the ruling of residency, i.e. residency that is planned for a
specific time. (For example), two men left a city, both as
travelers; they landed in another city. The staying of one of
them is that of a traveler (but) the other one is a resident.
Why? Because (this second man) has another wife there, so
he (goes) from one wife to another wife. Thus, because of
there being a wife for him who causes him to be chaste, gives
him a home and arranges his accommodations for him, he
takes a ruling other than that of his companion because the
situation differed in some ways.
Therefore, we learn of a very important conclusion, which is
that the exact rulings of traveling differ from one person to
another. So, we don’t assign to a person the ruling of another
(person), and also the opposite likewise.”
~ asaheeha translations ~
[1] Sahīh al-Bukhārī #1
[2] animals hunted for food
[3] these are all cities in Jordan
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