Fatwa Panel of the Week – Volume 03 Issue 16
Prayer of a Traveller (Part-7)
According to the fatwas of the Grand Religious Authorities: Ayatollah Sayyed Ali Khamenei, Ayatollah Sistani, and Ayatollah Makarem Shirazi (may Allah prolong their blessings):
Fatāwā presented without citing a differing opinion or a specific reference are the common rulings shared by all of the three respected Marāji‘. In cases where the ruling of one Marjaʿ differs from that of the other two, it is indicated in a footnote under the same number, mentioning the Marjaʿ by name.
The Concept and Realisation of “Abandoning One’s Hometown”
1. The Nature of Abandonment: Abandoning one’s hometown is an ‘urfī (customary) matter. In common understanding, it is realised when a person leaves their hometown and decides not to return there for residence and living.
- The Role of Intention: For abandonment to be realised, intention (niyyah) is required. Therefore:
- If a person remains away from their hometown for several years (e.g., 4 or 5 years) without intending to abandon it, it is still considered their hometown.
- However, if this absence becomes extremely prolonged (e.g., 40 or 50 years), and during this time the person does not even consider returning, then it is not unlikely that such prolonged absence may be treated as abandonment, and their prayer there—without intending a ten-day stay—would be shortened (qaṣr).
- Certainty Without Explicit Intention: If a person does not explicitly intend abandonment but has certainty or strong confidence that they will never return to live in their hometown, it is not unlikely that this certainty is also treated as abandonment. Therefore, their prayer there would be shortened.
Ayatollah Sistani: The criterion for abandoning one’s hometown is that: A person is confident that they will not return in the future for residence and living.
Accordingly: If a person leaves their hometown due to reasons such as work assignment, marriage, or study, and adopts another place as their hometown, but still has a reasonable possibility of returning in the future, Then abandonment is not realised, and whenever they return there, their prayer is complete (tamām). However, If a person adopts a place as a temporary hometown (e.g., for 2–3 years for study or work): Abandonment is realised simply by leaving it and intending not to reside there again for a long time,
- Such that if they return later, it would be considered a new establishment of residence, not a continuation of the previous one.
Periodic Return: If a person intends to return to their former hometown only one or two months per year, abandonment is realised → prayer is shortened there. But if they intend to return regularly for three months or more each year, abandonment is not realised → prayer is complete there.
Future Return (Even After Many Years): If a person intends to return to their original hometown in the future—even after a long time (e.g., 20–30 years or at the end of their life) to live there permanently: abandonment is not realised, and their prayer there remains complete.
Ayatollah Makarem Shirazi: Practical Abandonment: If a person intends to return to their former hometown for permanent residence but in practice, a long period passes (e.g., five years) without returning, This is considered practical abandonment, and their prayer and fasting there are shortened. However, if they stay there three to four months each year (even intermittently), abandonment is not realised.
Legal Effects of Abandoning One’s Hometown
- A person who has abandoned their hometown—whether it is their original (native) hometown or an adopted one:
- If they return there, their prayer is shortened (qaṣr), even if they still own property in that place.
- Merely passing through that location does not interrupt the state of travel.
- The prayer becomes complete only if the person intends to stay there for ten days or more.
Specific Cases and Practical Applications
A woman living with her husband in a city other than her original hometown, without having abandoned her hometown:
- If she still considers the possibility of returning to her hometown (for example, in the case of divorce or the death of her husband), then her hometown status remains, and her prayer there is complete (tamām).
- However, if she has decided—or is confident—that she will never return, this is considered abandonment (i‘rāḍ), and that place is no longer regarded as her hometown.
Ayatollah Makarem Shirazi: If a woman intends to follow her husband in his place of residence, and the husband has no intention of relocating to the wife’s hometown for permanent residence: Her prayer in her former hometown is shortened (qaṣr), Unless after marriage she resides there for three to four months each year, in which case it retains the ruling of a hometown.
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