Question:
Answer:
Wa alaykum salam wa rahmatuLlah wa barakatuHu,
One needs to consider how the towns border one another. Imam Ramli commented on Imam Nawawi,
والقرية كبلدة فيما تقرر والقريتان المتصلتان عرفا كبلدة واحدة وإن اختلف اسمهما
“A town is like a city in what has been established. And two towns considered adjacent one another by custom [‘urf] are like one city, even if their names are different.” (Nihayat al-Muhtaj 2/251)
As well, Ibn Hajar commented,
والقرية كبلدة في جميع ما ذكر والقريتان إن اتصلتا عرفا كقرية وإن اختلفتا اسما وإلا كفى مجاوزة قرية المسافر
“A town is like a city in all that has been mentioned. And two towns considered adjacent by custom [‘urf] are like a city, even if their names are different. If not, going beyond the traveler’s town suffices.” (Tuhfat al-Muhtaj 2/372)
Similarly, Sh. Sulayman al-Jamal cited Sh. Nur al-Din al-Halabi,
فإن لم يكونا متصلتين اكتفى بمجاوزة قرية المسافر والمرجع في الاتصال والانفصال العرف
“When they are not adjacent, then going beyond the traveler’s town is sufficient. The determinant of whether it is adjacent or separate, is the custom [‘urf].” (Hashiyat al-Jamal 1/591)
Accordingly, when two towns border one another, with no gap in between, then they are treated as one. If the towns are separate from one another, even by only a little, then merely going beyond the first is sufficient.
Sayyid Muhammad al-Jurdani stated,
لو كانت القصور أو الدور تسكن في كل السنة واتصلت بالبلد فهما كالقريتين المتصلتين
“If there are mansions or houses that are inhabited year-round, and adjacent to a city, then they are treated like two adjoining towns.” (Fath al-Allam 3/122)
Accordingly, outlying areas, like suburbs, when connected to a main city or town would also need to be passed. Likewise, Sh. Sharwani mentioned that this is in a case when the town or city is not enclosed by walls* When there are walls, then it is merely stipulated that a traveler goes beyond them. (Hashiyat Tuhfat al-Muhtaj 2/372) Sh. Jurdani mentioned,
وحكمهما أنهما إن اتصل بنيانهما عرفا ولم يكن بينهما سور اشترط مجاوزتهما وإن كان بينهما سور اشترط مجاوزته فقط
“The ruling for both of them, when their buildings are considered to overlie by custom and with no wall between them, is that one must go beyond them. And when they are separated by a wall, it is stipulated that one passes it only.” (Fath al-Allam 3/132)
A consideration is made for walls, while other landmarks defining a city’s limit are also mentioned, such as a trench or an arched stone bridge. (Ibid)
When one intends to stay at a place for four days, not including the days of arrival or departure, then his journey is considered to end upon arrival. However, when one does not have an intention, but stays for the four days, his journey then ends. This applies whether one reached his final destination, or is still en route. (Mughni al-Muhtaj 1/519)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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