Part 2

Maghrib and Ishaa have differences, one being three raka'ahs while the other is four. If he prays three he will differ from the Imam and the congregation by his sitting reciting the

8 Prophet (Peace and Blessings be upon him) spoke about when he said "Indeed the Imam is there to be followed so do not differ with him" (Al-Bukhari, Muslim). For this and other reasons our shuyukh found the first opinion stronger. So he prays Maghrib by himself, but if he finishes Maghrib or intentionally prays Maghrib quickly to catch the congregation which is praying Isha then this is good.

Question 12: You mentioned that he does not pray Maghrib behind one who is praying Ishaa, so is it permissible for one to pray Thuhr behind the one that is praying Asr?

Answer 12: Some Fuquhaa have mentioned that this is not permissible due to the differing in intention; however the correct opinion is that it is permissible because he is not differing in his actions. Rather the number of raka'ahs is the same and the way he prays is the same, this is permissible and this is the opinion of Ibn Taymiyyah.

Question 13: I was traveling while the time for Thuhr began so I parked at a gas station to pray. I entered the Masjid (attached to the gas station in this case) and caught the last raka'ah and after the Imam made Taslim I became perplexed. Did he pray shortened so that I would pray just one more raka'ah or did he pray four raka'ahs thus I would pray three more raka'ahs? So what do I do?

Answer 13: Most of the time the prayer in these masjids on the side of the road is shortened. So if you entered the prayer from the beginning there is no confusion, meaning that if he shortens you shorten, if he prays complete you pray complete. However if you catch raka'ah as you mentioned then you base your decision on the assumption that he is a traveler, thus making one more raka'ah after the Taslim. If it becomes apparent after you have prayed that the Imam did not shorten his prayer or that he is a resident, then you pray two additional raka'ahs to compensate for the deficiency. The Prophet (Peace and Blessings be upon him) "That which you catch of the prayer, pray it, and that which you miss make it up" (Bukhari and Muslim). On the other hand if you presume that the Imam is a resident (due to the Masjid being established, or the clothes of the Imam signifying that he is a resident etc.) then you should pray four raka'ahs to be safe.

Question 14: I was traveling when the time for Asr began so I stopped at a gas station, and started praying with the Imam with the intention of shortening the prayer. When we sat for the first tashahud I thought he would make the taslim, but to my surprise he stood up for the third raka'ah since he was resident. Should I make taslim after two raka'ah based upon my intention or should I perform four?

9 raka'ahs, for if a traveler prays with a resident he prays four raka'ahs due to the statement of ibn Abbas (May Allah be pleased with both of them) "this is the sunnah".

Question 15: A traveler is praying with two other travelers with the intention of shortening the prayer, but he forgets and stands for the third raka'ah. He remembers after he has stood up and began reciting Al-fatihah, should he return to the sitting position?

Answer 15: Yes, because he started the prayer with the intention of shortening, so this is an addition to the prayer. It is similar to a resident praying five raka'ahs. This is the strongest opinion because he and the ones praying had the intention of praying two raka'ahs.

Question 16: A man was traveling and he made the takbeer for the Thuhr prayer forgetting that he was traveling. So after he started praying, he remembered he was traveling, therefore he made intention to shorten the prayer. Is this permissible, keeping in mind that he began the prayer with the intention of praying four raka'ahs?

Answer 16: Yes, there is no problem with him changing his intention from four to two. There is no problem with his prayer since he did not do anything to make it deficient. He is traveling therefore it is permissible for him to shorten his prayer.

Question 17: If a man is traveling by car, is it better to stop and pray each prayer individually in its appointed time, or to combine the prayers?

Answer 17: He should do which ever is easier, usually the person traveling likes to cover as much distance as he can in as little time as possible, even if he does not find difficulty in stopping. He inclines towards driving rather than stopping, thus in this situation it is better to combine.

Question 18: I slept before Thuhr and did not wake up until Asr prayer, so I went and prayed Asr at the Masjid. Then I traveled, but when I stopped to pray Maghrib, I realized that I did not pray Thuhr. How should I pray it now seeing that I am traveling, should I shorten or pray it completely?

Answer 18: The Fuquhaa mentioned that if the person traveling remembers a prayer that he did not perform while he was a resident, he prays it completely. Likewise if a resident remembers a prayer that he did not pray while traveling, then he also must pray it completely. Hence he must pray completely in both cases.

Answer 19: The prohibition in these hadiths does not apply to our time, because many trips during our time are not truly journeys. * Secondly because he is not alone on the street by himself or secluded rather the streets are filled with cars and people coming back and forth. As for the Hadith "If the people only knew what was in traveling alone a man would not travel by himself" {Al-bukhari}, what is meant here is a person traveling down a vacant road for a long time without seeing anyone. There is no doubt that on this deserted road there is danger. Perhaps he may face highway robbers, or a wild animal might threaten him etc. Traveling alone in this situation is forbidden for the above stated reasons. * He is implying that many trips nowadays can not be called journeys (or traveling) due to traveler not fulfill the requirements to be called/considered a traveler. The requirements will be stated later.

Question 20: Do the rulings of traveling apply to a truck driver who is constantly on the road, spending days and months on the road traveling from city to city with his merchandise?

Answer 20: Yes, he falls under the ruling of those who are traveling, as long he is on the road driving. However, if he reaches one of his destinations, then the rulings of traveling end for him, and he assumes the rulings of the resident.

Question 21: If the person traveling leads the prayer with two residents, is it preferred for him to shorten or to pray complete?

Answer 21: The Imam should take into consideration those of whom he is leading. If he finds that the majority of those he is leading are traveling then he should shorten the prayer and signal to those who are not traveling to complete the prayer after he makes taslim, just as the Prophet (Peace and Blessings be upon him) would do sometimes.

Such as when he prayed in Makkah with people who were predominantly from the Muslim army (10,000 men traveling) he shortened the prayers. As for those who were not traveling (residents of Makkah who accepted Islam) they were much less in number so he would shorten the prayer saying: "complete your prayer o residents of Makkah for we are travelers."

If the traveler is one and the rest of the congregation are all residents then it is best for him not to lead them in prayer in the first place, rather one of those who is a resident should lead them in prayer.

However if he did lead them in prayer then it is preferred that he prays complete (does not shorten the prayer). If he shortens it then he will cause them to pray the remaining two

11 of how to complete the prayer and might become confused.

Question 22: Once we were traveling by car and we combined Maghrib and Ishaa prayers at the time of Maghrib prayer and after we finished, some of us offered the Witr prayer while it was still Maghrib time. What is the ruling concerning our actions?

Answer 22: It is permissible and there is no problem in doing this. However as long as they will pray Witr individually and there is no hardship, then it is preferred to delay it until the Isha time. This is what I prefer while what they did was permissible. Some of the Fuqaha explicitly stated that it is prayed after the time of Ishaa even if the Ishaa prayer was advanced (like in this case). However this is a point of difference. So it is best to leave this point of difference by simply waiting until after the time of Ishaa has begun, especially if he finds no difficulty in delaying it until after Ishaa time has begun. This is the safest stance and your actions will not be controversial.

Question 23: A man loaded his vehicle with all the things he will need on his journey and then entered it, intending to begin his travel. However, as soon as he entered and began driving, the athaan for Thuhr was called. Does he have to leave his car and answer the call to prayer with the congregation or he is permitted to continue driving and pray further along down the road when he is ready?

Answer 23: If he entered his car and began driving towards his destination then he can pray later further along down the road during his journey. HOWEVER he must pray it four raka'ahs. And if he finds a Masjid down the road on his way towards his destination and prays with them this would be good and if he did not find a congregation or Masjid and prayed alone this is fine.

Question 24: How do I pray Fajr if I travel by plane before the time of Fajr and I do not reach my destination until after the sun has risen? Do I delay it until my arrival or do I pray it on the plane?

Answer 24: In this case it is upon you to pray the prayer before the time expires and it should be prayed according to your ability. If you are able to pray standing then you pray standing, otherwise pray sitting while lowering your head during Ruku and sujood, making the lowering greater for the sujood. Make sure to face the qiblah if you are able to face it. Otherwise, pray towards any direction while making sure the prayer is performed in its proper time.

12 until five hours later; this will be before Maghrib time begins. Should I have prayed Thuhr and Asr on the plane or prayed them after the plane has landed?

Answer 25: As long as you know that you will arrive before the time for Maghrib prayer then in this situation you combine both of them after landing. The same applies if you boarded before Maghrib (you have performed Asr prayer) and you know you will arrive before the time of Fajr prayer. So you combine the prayers once you have landed because praying on a plane does not suffice you if you have the ability and time to pray after your arrival before the time for prayer leaves. And Allah knows best.

Question 26: Is combining the prayers always connected with traveling?