Section: If a person is forced to depart on a journey, such as a prisoner, he is permitted to shorten the prayer if his journey is a long one; Ahmad has explicitly stated this. Al-Shafi'i said: He may not shorten, because he has no intention for the journey and is not firm in it, for his intention is that whenever he escapes, he will return. Our evidence is that he is a traveler on a long, lawful journey, so shortening is permitted for him, just as in the case of a woman with her husband, or a slave with his master, if it is their resolve that if [the husband or master] were to die or if their ownership were to cease, they would return. Their analogy is refuted by this. Once this is established, he must perform the full prayer [as soon as] he reaches their fortifications. Ahmad also explicitly stated this, because his journey has come to an end. It is possible that it is not obligatory for him to perform the full prayer, because it is his resolve that whenever he escapes he will return, so he is like one who is unjustly imprisoned.

267 - Issue: He said: (When he passes the houses of his village)

In summary, one who intends to travel is not permitted to shorten the prayer until he leaves the houses of his village and puts them behind his back. This is the view of Malik, al-Shafi'i, al-Awza'i, Ishaq, and Abu Thawr. This has been narrated from a group of the Successors (al-Tabi'un). It is narrated from 'Ata' and Sulayman ibn Musa that they permitted shortening the prayer while still within the town for one who intends to travel. It is narrated from al-Harith ibn Abi Rabi'ah that he intended to travel and prayed two rak'ahs with them in his home, while among them were al-Aswad ibn Yazid and more than one of the companions of 'Abd Allah. 'Ubayd ibn Jubayr narrated, saying: I was with Abu Basrah al-Ghifari in a ship from al-Fustat during the month of Ramadan, and he departed, then his meal was brought near. He did not pass the houses [yet] when he called for the dining cloth, then said: Draw near. I said: Do you not see the houses? Abu Basrah said: Do you turn away from the Sunnah of the Messenger of Allah, may Allah bless him and grant him peace? Then he ate. Reported by Abu Dawud. Our evidence is the saying of Allah the Exalted: "And when you travel throughout the land, there is no blame upon you for shortening the prayer." And one is not considered to be traveling in the land until he has exited. It has been reported from the Prophet, may Allah bless him and grant him peace, that he would begin shortening the prayer when he left Medina. Anas said: I prayed the Dhuhr prayer with the Prophet, may Allah bless him and grant him peace, four [rak'ahs] in Medina and two [rak'ahs] at Dhu al-Hulayfah. It is unanimously agreed upon. As for Abu Basrah, he did not eat until he had set off. His saying: "He did not pass the houses," means—and Allah knows best—that he did not go far from them, as evidenced by 'Ubayd's statement to him: "Do you not see the houses?" When this is established, it is permissible for him to shorten the prayer even if he is close to the houses. Ibn al-Mundhir said: Every scholar whose view we have preserved is in consensus that the one who intends to travel may shorten the prayer once he leaves the houses of the village from which he is departing. It is narrated from Mujahid that he said: If you set out as a traveler, do not shorten the prayer during your day until nightfall, and if you return at night, do not shorten it during your night until you wake in the morning. Our evidence is the saying of Allah the Exalted: "And when you travel throughout the land, there is no blame upon you for shortening the prayer." And that the Prophet, may Allah bless him and grant him peace, whenever he left Medina, would not exceed two rak'ahs until he returned to it. Regarding the hadith of Abu Basrah, 'Abd al-Rahman al-Hamdani said: We set out with 'Ali, may Allah be pleased with him, on his departure to Siffin, and I saw him praying two rak'ahs between the bridge and the bridge-arch of Kufa. Al-Bukhari said: 'Ali went out and shortened the prayer while he could still see the houses, and when he returned, it was said to him: "This is Kufa."