Praise be to Allaah.
The majority of scholars are of the view that the distance at
which a traveler may join prayers and not fast is forty-eight miles. Ibn
Qudaamah said in al-Mughni:
The view of Abu
‘Abd-Allaah [i.e., Imam Ahmad] is that it is not permissible to shorten the
prayers for a distance of less than sixteen farsakhs, and a farsakh is three
miles, so the distance is forty-eight miles. This was the estimation of Ibn
‘Abbaas. He said: From ‘Usfaan to Makkah, or from al-Taa’if to Makkah, or
from Jeddah to Makkah.
Based on this, the distance at which it is permissible to
shorten prayers is the distance of two days’ travel aiming directly for that
dsetination. This is the view of Ibn ‘Abbaas and Ibn ‘Umar, and the view of
Maalik, al-Layth and al-Shaafa’i.
The equivalent in kilometers is approximately 80 km.
Shaykh Ibn Baaz said in Majmoo’ al-Fataawa (12/267),
explaining what is meant by traveling:
The view of the majority of scholars is that this is
equivalent to approximately eighty kilometers for one who travels by car,
plane or ship. This distance is what is called traveling according to the
custom of the Muslims. So if a person travels by camel, car, plane or ship,
for this distance or more, he is regarded as a traveler.
The Standing Committee was asked (8/90) about the distance at
which a traveler may shorten his prayers, and can a taxi-driver who covers
more than three hundred kilometers shorten his prayer?
They replied:
The distance at which a traveler may shorten his prayers is
approximately 80 km, according to the view of the majority of scholars. It
is permissible for a taxi driver or anyone else to shorten his prayers, if
he is going to cover the distance mentioned at the beginning of the
question, or more.
Some scholars are of the
view that traveling is not to be defined by a specific distance, rather it
should be defined according to custom: whatever people customarily regard as
traveling is the traveling to which the shar’i rulings apply, such as
joining and shortening prayers, and not fasting.
Shaykh al-Islam said in al-Fataawa (24/106): The
evidence supports those who regard shortening prayers and not fasting as
being applicable to all types of travel and do not single out one kind of
traveling to the exclusion of another. This view is the correct one.
Shaykh Ibn ‘Uthayemeen was asked in Fataawa Arkaan
al-Islam (p. 381) about the distance at which a traveler may shorten his
prayers and whether it is permissible to join prayers without shortening
them.
He replied:
The distance at which a traveler may shorten his prayers was
defined by some of the scholars as being approximately eighty-three
kilometers, and some defined it as being what is customarily regarded as
traveling, even if the distance is not 80 km, and that what the people say
is not traveling should not be regarded as such, even if it is as far as one
hundred kilometers.
The latter view is the view favoured by Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him), because Allaah did not state a
specific distance for it to be permissible to shorten prayers, and neither
did the Prophet (peace and blessings of Allaah be upon him).
Anas ibn Maalik (may Allaah be pleased with him) said: If the
Messenger of Allaah (peace and blessings of Allaah be upon him) set out
for a journey of three miles or three farsakhs, he would pray two rak’ahs.
Narrated by Muslim, 691.
The view of Shaykh al-Islam Ibn Taymiyah is closer to what is
correct.
There is nothing wrong, if there is a conflict between
customary views, in going by the opinion which suggests that travel should
be defined in terms of distance, because this was the view of some of the
imams and scholars and mujtahids. So there is nothing wrong with that in sha
Allah. But so long as custom gives a clear definition, then referring to
what is customary is the right thing to do.