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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 3 · Page 110Section

Translation · EN

the distance. And if he is in doubt as to whether the journey is one that permits shortening or not, it is not permitted for him; because the original principle is the obligation of performing the full prayer, which is not removed by doubt. If he shortens it, his prayer is not valid, even if it becomes clear to him afterward that it is a long distance; because he performed the prayer while in doubt regarding the validity of his prayer, thus it is analogous to someone who prays while in doubt about whether the time [of prayer] has entered.

Section: The consideration is given to the intention, not the action. It is required that he intends a distance that permits shortening. If he departs intending a long journey and shortens the prayer, but then he changes his mind and returns, what he has already prayed remains valid, and he does not shorten [his prayers] on his return, unless the return distance itself is one that permits it. Ahmad has explicitly stated this. If he departs in search of a runaway slave, not knowing where he is, or seeking rain or pasture, and whenever he finds it, he will either settle or return, or if he is wandering in the land without intending a specific place, the shortening of prayer is not permitted for him, even if he travels for days. Ibn 'Aqil said: Shortening is permitted for him if he reaches a distance that permits it, because he is a traveler on a long journey. Our evidence is that he did not intend the distance for shortening, so it is not permitted for him, as at the beginning of his journey. Furthermore, because it was not permitted for him at the start of his travel, it is not permitted in the middle, since his intention was not considered, similar to a short journey or a journey for the purpose of sin. Whenever he returns while intending his town, or if he intends the distance for shortening, then he may shorten [his prayers] because his valid intention is present. If he intends a distant town, but it is his resolve that whenever he finds his objective before reaching it, he will return or settle, then shortening is not permitted for him because he did not firmly resolve to undertake a long journey. But if he will neither return nor settle upon finding it, then he may shorten.

Section (26): Whenever there are two routes to his destination, and shortening is permitted on one but not the other, if he takes the longer route in order to shorten the prayer during it, it is permitted for him; because he is a traveler on a long, lawful journey, so shortening is permitted for him, just as if he could not find any other route or if the other route were dangerous or difficult.

Notes

(23) Omitted from: A, M. (24) In A, M: "yubihuhu" (he permits it). (25) In A, M: "yughayyir" (he changes). (26) This entire section is omitted from: A.

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