Question:
Assalamualaikum ustaz. I have a question on performing prayer by jama’ and qasar, but before that, I have some explanation to tell you on the situation I faced.
*Place of Origin: KLIA, Malaysia.
*Destination: Paloch, South Sudan
*Transit and Quarantine: Juba, South Sudan
*Distance between Paloch and Juba (500km)
From KLIA – Juba, South Sudan 6/7/2020
Juba, South Sudan 7/7/2020 – 22/7/2020 (14 days of quarantine)
From Juba – Paloch 22/7/2020
My question is while being in the quarantine of 14 days, is it permissible for us to perform jama’ and qasar before we continue our journey to our destination which is in Paloch?
Brief Answer:
If it is known that your stay in the quarantine place is more than four days, it is already impermissible to perform prayers by jama’ and qasar. Prayers should be performed completely according to its times. Prayers by jama’ and qasar (rukhsah for musafir) may only be done while being in the journey from Juba to Paloch. Wallahua’lam.
Explanation:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Among the blessings that Allah SWT bestow this ummah is the permissibility of performing prayers by qasar which is shortening the prayer from four to two rakaats. While combining between Zuhr and Asr prayers, also Maghrib and Isha’ prayer. This is called jama’. These two facilitations are permitted to be done specifically during musafir (travelling).
It is a facilitation so that prayers may be done anywhere while travelling. This is in accordance with the saying of Allah SWT in the Quran:
وَإِذَا ضَرَبْتُمْ فِي الْأَرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَن تَقْصُرُوا مِنَ الصَّلَاةِ
And when you travel throughout the land, there is no blame upon you for shortening the prayer
Surah al-Nisaa’ (101)
Among actions which cause qasar and jama’ becomes invalid is the intention of staying in a certain place or destination for four days or more. These four days exclude the day of arrival and departure.
Imam al-Nawawi said:
اما إذا نوى الاقامة في بلد ثلاثة أيام فاقل فلا ينقطع الترخص بلا خلاف وان نوى اقامة اكثر من ثلاثة أيام قال الشافعي والاصحاب ان نوى اقامة أربعة أيام صار مقيما وانقطعت الرخص وهذا يقتضى أن نية دون أربعة لا تقطع السفر وان زاد على ثلاثة وقد صرح به كثيرون من أصحابنا وفى كيفية احتساب الاربعة وجهان حكاهما البغوي وآخرون (احدهما) يحسب منها يوما الدخول والخروج كما يحسب يوم الحدث ويوم نزع الخف من مدة المسح (وأصحهما) وبه قطع المصنف والجمهور لا يحسبان
“While if he intends to stay in a region for three days or less than that, then the rukhsah (qasar and jama’) is still there. If he intends to stay in a certain place for more than three days, (so) Imam al-Shafi’e and the jurists of madhhab al-Shafi’e said: If a person intends to stay in a certain place for four days, he becomes a resident (muqim) and rukhsah is not implied upon him. This means, if he intends to stay for less than four days, this does not make his status as a traveller becomes void. If he stays for more than three days, majority of the jurists clearly stated on the matter. Pertaining to the method of calculating the four days, there are two opinions. Both were mentioned by al-Baghawi and the others. One of them is the day of arrival and departure are counted like the ruling of days in hadas and days of wiping the khuf. The most sahih opinion is two days of arrival and departure are not counted. This is the opinion held by the author and majority of jurists of al-Shafi’iyyah.” [1]
Imam Syihabuddin al-Ramli said:
) وَلَوْ نَوَى) الْمُسَافِرُ الْمُسْتَقِلُّ وَإِنْ كَانَ مُحَارِبًا (إقَامَةَ) مُدَّةٍ مُطْلَقَةٍ أَوْ (أَرْبَعَةِ أَيَّامٍ) مَعَ لَيَالِيِهَا (بِمَوْضِعٍ) عَيَّنَهُ قَبْلَ أَنْ يَصِلَ إلَيْهِ (انْقَطَعَ سَفَرُهُ بِوُصُولِهِ) أَيْ بِوُصُولِ ذَلِكَ الْمَوْضِعِ وَإِنْ لَمْ يَكُنْ صَالِحًا لِلْإِقَامَةِ ، فَإِنْ نَوَاهَا وَقَدْ وَصَلَ لَهُ أَوْ بَعْدَهُ انْقَطَعَ سَفَرُهُ بِمُجَرَّدِ نِيَّتِهِ وَخَرَجَ مَا دُونَ الْأَرْبَعَةِ فَلَا يُؤَثِّرُ
"If a traveller even in war situation intends to stay on a certain undecided period or four days and four nights in a place where he stated on it before reaching the destination, then his status as a traveller ends right after he reaches the place even if the place cannot be resided. If he sets the intention when he already arrived or after it, then his status as traveller is discontinued simply due to his intention. Exceptions are given if he intends of staying for less than four days. It does not affect the rukhsah." [2]
Based on the texts stated, if a person set the intention of staying in a certain place for four days or more, then it is impermissible for him to perform prayer by qasar and jama’. The counting of the days includes the day of arrival and departure.
[1] Abu Zakariyya , Yahya Bin Syarf Al-Nawawi, Al-Majmu’ Fi Syarh Al-Muhazzab (4/361).
[2] Muhammad Bin Abu Al-‘Abbas Ahmad Bin Hamzah Bin Syihabuddin Al-Ramli, Nihayah Al-Muhtaj Ila Syarh Al-Minhaj (6/337)