What Is The Maximum Duration A Traveler May Continue To Benefit From The Concessions (Rukhṣah) Of Travel?
By Shaykh Prof. Dr. Saad Al-Khathlan
Question: What is the maximum duration a traveler may continue to benefit from the concessions (rukhṣah) of travel?
Answer: This is one of the most complex issues in Islamic jurisprudence, because the evidence concerning it is not clear-cut, and customary practice (ʿurf) is inconsistent and lacks a standard definition. The issue can be summarized as follows:
When a traveler stays in a place, his situation will fall into one of two categories:
First case: He has a need to take care of, and he does not know when it will be fulfilled. He says: "I might return today or tomorrow." In this case, he may continue to benefit from the travel concessions, even if the stay becomes lengthy, even years.
There is a precedent for this in the Prophet’s ﷺ stay in Tabūk for nineteen days, during which he continued to shorten the prayers. That was because he ﷺ was in a state of war and did not know when he would return. Similar reports exist from some of the Companions, such as Ibn ʿUmar and Anas (may Allah be pleased with them).
Second case: He intends to stay for a fixed period—for example, a week, a month, more or less. In this scenario, scholars have differed greatly, with over twenty opinions recorded. Some of these views include:
That anyone who travels the distance that qualifies as travel and stays temporarily without intending permanent residence may continue to benefit from the travel concessions, no matter how long the stay is.
Another opinion is that customary practice (ʿurf) should be the criterion: if his stay is still seen as that of a traveler by customary standards, he may use the concessions.
A third opinion -held by the majority of Mālikīs, Shāfiʿīs, and Ḥanbalīs- limits it to four days or fewer.
Another view allows the concessions for up to nineteen days, which is the strongest opinion. This was the view of Ibn ʿAbbās (may Allah be pleased with them both), supported by Isḥāq ibn Rāhawayh, and favored by Imam al-Bukhārī.
The strongest evidence for this opinion is the narration in Ṣaḥīḥ al-Bukhārī, where Ibn ʿAbbās said:
“The Prophet ﷺ stayed for nineteen days (after the conquest of Makkah) shortening the prayer. So when we travel for nineteen days, we shorten the prayer, but if we stay longer, we complete the prayer.”
Thus, he was referring to the Prophet’s ﷺ post-conquest stay in Makkah.
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