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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 3 · Page 155Section

Translation · EN

I will depart, tomorrow I will depart." (18) 'For a month.' (19) This is similar to the statement of Al-Khiraqi, and perhaps Al-Khiraqi, may Allah have mercy on him, said that only in imitation of him. He did not intend that the limit of shortening is one month; rather, he intended that there is no limit to shortening. And Allah knows best.

Section: If one intends a long stay in a rustaq (20)—moving within it from village to village—without resolving to stay in any one of them for a duration that invalidates the ruling of travel, the ruling of his travel does not become invalidated. This is because the Prophet (peace and blessings of Allah be upon him) stayed for ten [days] in Mecca, Arafat, and Mina, and he would shorten the prayer throughout all those days. Al-Athram narrated with his chain of authority from Muwarriq, who said: "I asked Ibn Umar, saying: 'I am a merchant; I go to Al-Ahwaz (21) and move among its villages from one village to another, and I stay for a month or more.' He said: 'Do you intend to settle?' I said: 'No.' He replied: 'I do not see you as anything other than a traveler; pray the prayer of travelers.'" This is because he did not intend to settle in a specific town, so he is like one who is moving about in his travel from one place to another.

Section: If he enters a town and says, "If I meet so-and-so (22), I will stay; if I do not meet him, I will not stay," the ruling of his travel does not become invalidated. This is because he did not definitively resolve to settle, and what invalidates the ruling of travel is the resolve to settle, which was not found; rather, he suspended it upon a condition, and that is not forbidden.

Section: There is no harm in performing voluntary prayers (tatawwu') while stationary or while moving on one's mount, due to what was narrated by Ibn Umar that the Messenger of Allah (peace and blessings of Allah be upon him) used to glorify Allah (pray) on the back of his mount wherever it faced, gesturing with his head. Ibn Umar used to do that as well. Something similar was narrated from Jabir and Anas. It is agreed upon (23).

Notes

(18) Omitted from the original. (19) Recorded by Abd al-Razzaq in: The Chapter of The Man Who Goes Out During the Prayer Time, from the Book of Prayer. Al-Musannaf 2/532. (20) Al-Rustaq: The countryside and villages. An Arabized word. (21) Al-Ahwaz: Seven districts between Basra and Fars. Mu'jam al-Buldan 1/411. (22) In M: "fala" (so no) [which is] an error. (23) The takhrij (verification) of the hadith of Ibn Umar was provided previously in 2/96. =

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