Question

Assalamu Alaikum,

My question is regarding birthplace which is called watan e asli. I want know that if someone leaves his birthplace and shifts permanently to another city where he has his family i.e. wife, children etc. The law of fiqh is that the current place is now watan e asli for him, so will his birthplace too remain his watan e asli forever even though he has nothing left there where he was born?

Answer

Wa alaykum al-salam,

Watan e asli (permanent city/home) refers to the place where a person was born, or a place where a person marries, or a place where he has taken up permanent residence with the belief that he will now not move from here [al-Durr al-Mukhtar; Bahar e Shari'ah]

It stated in Bahar e Shari'ah with reference to al-Durr al-Mukhtar and Radd al-Muhtar:

If a person’s permanent home (watan e asli) is in one city and he has now made another place his permanent home, then in such a case, if his children and his family are still residing in the first city, then [for this person] both places are regarded as permanent (asli). Otherwise, the first will no longer be regarded as watan e asli, irrespective of whether there is a legal distance of travel (57.5 miles) between both these places or not. 

Thus, if an individual moves out of the city wherein he was born, leaving nothing behind, to another city with his family (wife and children) in order take up permanent residence in the new city, then the new city will become his watan e asli, while the city in which he was born will no longer remain his watan e asli. 

And Allah knows best
Muhammad Kalim
21 Ramadan 1438

Verified by Mufti Zahid Hussain al-Qadiri

Question

Salaam

I just wanted to know the permissibility of a Musafir missing a fast.

I will be travelling from Birmingham to London on Friday In Sha Allah. I intend to travel back on the same day. The journey one way is 133 miles which is equivalent to 214 km.

Is it permissible for me to miss the fast and then make it up after ramadan?

Jazak Allah Khair.

Answer

Wa alaykumussalam.

It is permissible for a Shar’i Musafir (traveller) to miss the obligatory fast of Ramadan as long as he is a Shar’i Musafir when the time of Fajr enters. He will then have to make up for it after the month of Ramadan has passed. However, a person who is not a Shar’i Musafir when the time of Fajr enters, he must fast, as has been clarified by Allamah ibn Abideen al-Shami. It is not permissible for him to miss the fast, even if he later wishes or intends to become a Shar’i Musafir. Also, if a Shar’i Musafir becomes a Muqeem (returns home or reaches a destination where he intends to stay for more than fourteen days) before noon and has not eaten anything since Fajr then it is Wajib (necessary) for him to fast this day.

A Shar’i musafir is he who leaves the outskirts of his town or city with the intention to travel for three days [Fatawa Ridawiyyah, volume 8, page 243].

Therefore, in order for you to be exempt from fasting, you must leave for London before the break of dawn. If you leave later then you are not exempt from fasting.

In terms of miles, this is equivalent to fifty seven and a half miles [Fatawa Ridawiyyah, volume 8, 270].

Allah states in the Qur'an,

“Whoever from amongst you is unwell or travelling then complete the (missed) amount in other days.” (Surah al-Baqarah)

It is stated in al-Durr al-Mukhtar and Radd al-Muhtar:

“Travelling, pregnancy, breastfeeding a young child, illness, old age, fear of dying, duress, damage to mind and Jihad are all excuses for not keeping the fast. If a person does not fast for any one of these reasons, he is not sinful.”

It is also stated in Bahar e Shariah with reference to al-Durr al-Mukhtar:

“Travelling refers to ‘safar e Shar’i’, which is setting off to travel with the intention of travelling this far that from his residence to his intended destination, there is a distance of three days travel (57.5 miles).”

It is stated in Bahar e Shariah with reference to Al-Jawharah Al-Nayyarah,

“If the traveller does Iqamah before noon and he has not eaten anything then it is Wajib for him to make intention to fast the day.”

However, although it is permissible for a Shar’i traveller to miss the obligatory fast of Ramadan and then make up for it later, it is better for him to fast if it will not harm him, otherwise if it will, it is better not to fast [Bahar e Shariah with reference to al-Durr al-Mukhtar].

And Allah knows best.

Muhammed Kalim
9th Ramadan Al-Mubaarak 1436 AH

The answer is correct and one should fast especially in this era where travelling such a distance is free from any struggle. The missed fast of Ramadan can never be made up in terms of reward although one may relieve himself through qada and Allah knows best.

Zahid Hussain Al-Qadiri
Beggar at the doorstep of Scholars