Question

What is the stance of salah during Haj? I came across 2 fatwa 1. If a person spent less than 15 days in Makkah before leaving for mina he is musafir 2.If a person stay including Haj days is 15 days and more he is not musafir

Answer

There is a difference of opinion amongst contemporary scholars on this issue. The basis of this difference is whether or not areas like Mina and Muzdalifa are considered part of Makkah. Historically jurists considered them independent areas, however, as Makkah has continued growing in size, and the building structures have extended to surrounding areas, the question arises as to the status of Mina today and whether it is now part of Makkah.

The first opinion is that Mina is a separate area and not part of Makkah. According to this opinion, if a person resides in Makkah for less than fifteen days and then goes to Mina they will be considered a traveller for the duration that they are in Makkah and throughout the Hajj also.

The second opinion is that Mina is now part of Makkah. Hence, if the total time spent in Makkah and Hajj together reaches fifteen days then the person will be considered a resident. For example, a person was in Makkah for twelve days, and then hajj started. The total time spent will exceed 15 days hence they will be considered a resident. [Mufti Salman Mansurpur 5:405]

Mufti Rada al-Haqq has a lengthy discussion on this in Fatawa Dar al-‘Ulum Zakariyyah and he lists those scholars who are of the first opinion and presents many arguments in support of this opinion. Some of the arguments presented are as follows:

1. Though Shakyh Subayyil considered Mina to be part of Makkah, majority of the Saudi scholars do not. They do not establish Jumu’ah in the Jami’ Masjid of Mina, neither during or outside of Hajj. If the area was considered part of Makkah, Jumu’ah would have been established as is the case with the area known as Aziziyah.

2. The jurists have stated five areas where Jumu’ah should take place, such as a city, a large village, a small village at the end of a city etc. Mina does not fall into the ruling of any of these.

3. The designation of Mina as part of Makkah by the authorities is for administrative purposes, and if there is a difference of opinion between the customary understanding of the people and the technical designation of authorities, customary understanding will be given preference.

4. By adopting this opinion one will be acting upon the position of earlier jurists.

We are also inclined towards the first opinion and would consider Mina to be separate from Makkah. Hence, if less than fifteen days were spent in Makkah, the person will be considered a traveller and will shorten their salat. One should remember that when praying salat in congregation if the Imam is resident and is reading four rak’ats then the followers will also read four rak’ats even if they are travellers.

Also, if one was to act according to the second opinion that too would be valid. Hence, if in your group the practice and advice given is to read full based on the second opinion, then there would be no harm in following this opinion and reading full with the rest of the group.

Answered by:
Ifta Research Fellow

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel