Rules of Safr and Qasr

Question:

1. I was born in Egypt, but migrated to Canada when I was only 3 years old. I have lived in Canada ever since and I am 28 years of age now. Hence I have lived in Canada for 25 years. My parents own an apartment and a piece of land in Egypt and my entire family other than my parents, direct siblings and cousin live in Egypt. I have lived in Toronto, Ontario for the first 16 years after migrating to Canada. I then move to Saskatoon, Saskatchewan (3,000 km from Toronto) for 8 years to study and now I am living in Guelph (100 km from Toronto). I am expecting to stay in Guelph for at least another 2-3 years to complete my University studies. Given this background information I am inquiring on
2. Is my permanent residence considered where I was born (i.e. Alexandria Egypt) or where I have lived most of my life (i.e. Toronto, Canada)?
3. Where would I be considered a traveler so I know where I can make Kasr (shorten) the prayer as a traveler?
4. When I visit my family in Toronto from Guelph am I a traveler?
5. Am I a traveler in Guelph right now?
   1. A more general question: Is one considered a traveler if they leave the city they reside and enter into another city (even if this city is not 80 km away from the city they reside)? Or is the traveler only allowed to shorten the prayers once they exceed the approximate 80 km distance?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

1.

According to Shariah there are three types of residences:

Watan al Aslie (permanent residence)

This is the permanent residence of a person where one resides with his family. Such residence can only be cancelled by another residence of similar level, like emigrating and moving to another place with any intention of leaving the new destination.[1]

Watan al Iqamah (temporary residence)

Watan al Iqamah is the temporary residence of a traveler where he intends to stay for 15 days or more, regardless of the distance between this residence and his Watan al Aslie. [2]

Watan al Suknā (Residence in transit)

Watan al Suknā is the temporary transit residence where the traveler intends to spend less than 15 days during his travel. This residence in transit does not change the ruling. This means if one is a resident (Muqīm) then entering a watan al suknā will not make him a musafīr. Similarly, if one is already a traveler then entering watan al suknā will not make him a resident (Muqīm). [3]

1. In your case Toronto is your Watan al Aslie. It will remain your Watan al Aslie until you decide to migrate from there to another destination without an intention of coming back.
2. When you move to reside in another city like Saskatoon or Guelph for your work, you do so with the intention of residing there for more than 15 days. Hence your new destination will be your Watan al Iqamah. As long as you stay in your Watan al Iqama you will not read your Qasr.

So, while you were in Saskatoon, Saskatoon was your Watan al Iqamah. After moving from Sakatoon your Watan al Iqamah has now changed to Guelph. Saskatoon is no longer your Watan al Iqamah. [4]

From Guelph, if you travel to any other location which is exceeding 78km with the intention of staying there for less than 15 days, like Winnipeg, Vancouver or even Saskatoon, then you will be Musāfir (traveler). All the rules of traveler will apply to you and you will make Qasar of your salāt.[5]

1. If you have intention to return to Toronto after your studies and settle with your parents, then Toronto is still your Watan al Aslie, and every time you travel to your family in Toronto, you will not make Qasar. However, if you have migrated away from Toronto for good and do not intend to settle down with your parents anymore, then Toronto is no longer your Watan Aslie, and you will make Qasar every time you visit them for less than 15 days.[6]
2. While you are at Guelph, you are in your Watan al Iqamah, hence you will not make Qasar.

2.

The rules of Safar only apply when a traveler departs his origin with the intention of travelling the Shar‘ī distance (78km). If someone leaves his city to stay at another location which is less than 78km, then although he may be staying there for less than 15 days, he would still not be regarded as a traveler (musāfir).[7]

And Allah Ta’āla Knows Best

Mawlana Faisal bin Abdul Hameed,
Student Darul Iftaa
Montréal, Canada

Checked and Approved by,
Mufti Ebrahim Desai.