Musaafir on the return journey due to change in Niyyah
Question
As salaam u Alaykum mufti. Please can you advise me. I stay in Umzinto. When I travel to Durban, I know I am NOT a Musaafir. But if I go to Gateway (Umhlanga) I am a Musaafir because of the distance. My question is what happens if I decide to go Durban and whilst I am in there, during the day I decide to go to Gateway (Umhlanga). Am I then Musaafir even though I had no intention of going to Umhlanga whilst I was in Umzinto? My reason for asking is that I heard from someone else that if I decide to go to Durban and later during the day I decide to go to Umhlanga, it’s a new trip and I am not Musaafir.
Answer
A person who intends to travel a distance of 78 kilometres or more is regarded as a Musaafir (traveller) and all the laws of Safar will apply.
Hence, in the enquired situation, if you intended to travel from Umzinto to Umhlanga which is more than 78 kilometres, you would be categorized as a Musaafir (traveller). However, if you intended to travel from Umzinto to Durban (less than 78 kilometres), and after reaching Durban you decided to travel to Umhlanga, you will not be regarded as a Musaafir (traveller). This is because you did not intend to travel 78 kilometres or more.
However, when you intend to return to Umzinto from Umhlanga, you will now be regarded as a Musaafir (traveller) on your return journey, since you have intended to travel more than 78 kilometres. Thus if you stop in Durban or anywhere else enroute to Umzinto, you will shorten your Salaah.
In principle, every intention of travel is considered individually. Any other intended travel made thereafter will be calculated separately in determining whether one is Musaafir or not. (Tabyeenul Haqaaiq 1/209)
And Allah Ta’ala Knows Best
Where scholars differ, it’s safer to take the more cautious view.
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/musaafir-on-the-return-journey-due-to-change-in-niyyah/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-38617
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