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Qadha of a Musaafir

Question

Patients travel from Witbank to ________ Hospital (in Johannesburg) for treatment. Many are aware that they will be admitted. The duration of their stay is unknown. Many of these patients miss Salaah while in hospital and hence are required to make Qadha.

When making Qadha, are they required of Qasr or the full Salaah?

Answer

The distance between Witbank and ________ hospital exceeds 77 kilometers hence the patients in question qualify as Shari’ee Musaafir. These patients are therefore required to perform Qasr Salaah in Johannesburg if they hadn’t intended to reside in Johannesburg for 15 days or more. 

When admitted into hospital the duration of their stay in hospital is unknown. If the patient recovers within a short span of time he would be discharged and if the recovery period is prolonged then the duration of stay will also be prolonged. Hence, the duration of their stay in hospital is unpredictable. 

Now, if a patient doesn’t make the Niyyat of staying for a complete duration of fifteen days or more (with the hope that he will recover soon and be discharged) then he will remain as a Musaafir even though his unintended stay then extends beyond 15 days. If during this duration the patient missed a number of his Salaah, then he will be required to make Qasr when making Qadha of the missed Salaah. 

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

(معرفة السنن والاثار للبيهقي ٤٣٦ ج٢ رقم ١٦١٠) 

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