because the Prophet (may Allah bless him and grant him peace) used to visit Quba, riding and walking, and he used to visit the graves and said: "Visit them, for they will remind you of the Hereafter" (17). As for his (may Allah bless him and grant him peace) saying: "Travel should not be undertaken except to three mosques," it is interpreted as a negation of [special] merit (18), not as a prohibition (19), and merit is not a condition for the permissibility of shortening the prayer, so its absence does not harm.
Section: The boatman (mallah) who travels in his ship (20), and has no house other than his ship, in which are his family, his oven, and his needs, is not permitted to take concessions. Al-Athram said: I heard Abu Abd Allah being asked about the boatman: Does he shorten [the prayer] and break his fast while on the ship? He said: As for when the ship is his house, he completes the prayer and fasts. It was said to him: How can it be his house? He said: He has no house other than it; his family is with him in it, and he is a resident within it. This is the view of 'Ata'. Al-Shafi'i said: He shortens [the prayer] and breaks his fast; due to the generality of the texts and the saying of the Prophet (may Allah bless him and grant him peace): "Indeed, Allah has relieved the traveler of fasting and half of the
= 1/452. And al-Darimi, in: The Chapter on Not Undertaking Travel Except to Three Mosques, from the Book of Prayer. Sunan al-Darimi 1/330. And Imam Malik, in: The Chapter on the Hour that is on Friday, from the Book of Friday. al-Muwatta 1/108, 109. And Imam Ahmad, in: al-Musnad 2/234, 238, 278, 501, 3/7, 34, 45, 51, 52, 53, 64, 71, 77, 78, 93, 6/7, 398. (17) Narrated by Muslim, in: The Chapter on the Prophet's (may Allah bless him and grant him peace) seeking permission from his Lord, the Almighty and Majestic, to visit his mother's grave, from the Book of Funerals. Sahih Muslim 2/671. And Abu Dawood, in: The Chapter on Visiting Graves, from the Book of Funerals. Sunan Abi Dawood 2/195. And al-Tirmidhi, in: The Chapter on What Has Been Said Regarding the Permission to Visit Graves, from the Chapters of Funerals. 'Aridat al-Ahwadhi 4/274. And al-Nasa'i, in: The Chapter on Visiting the Grave of a Polytheist, from the Book of Funerals, and in: The Chapter on the Permission for That, from the Book of Offerings. al-Mujtaba 4/74, 7/207. And Ibn Majah, in: The Chapter on What Has Been Said Regarding Visiting Graves, and the Chapter on What Has Been Said Regarding Visiting the Graves of Polytheists, from the Book of Funerals, Sunan Ibn Majah 1/500, 501. And Imam Ahmad, in: al-Musnad 2/441, 5/355. (18) In [manuscripts] A and M: "Merit" (al-tafdil). (19) Negation implies prohibition, because it is a negation in the sense of a prohibition, and the prohibition has come explicitly in the narration: "Do not undertake travel," which indicates prohibition explicitly. This refutes what the author mentioned regarding interpreting the negation as the negation of merit. As for the Prophet's (may Allah bless him and grant him peace) visiting of Quba and his visiting of graves, this is without travel. Furthermore, visiting Quba is visiting a mosque, and the Mosque of Quba is among the mosques whose visitation is legislated. As for undertaking travel with the intent of drawing near to Allah and worship, it is not legislated except to the three mosques mentioned in the text. And Allah knows best. (20) In [manuscripts] A and M: "ship" (safinah).
