Q. Mufti. Please can you advise me. I stay in umzinto. When i travel to Durban, I am NOT Musaafir which I know. But if i go till gateway umhlanga I am Musaafir because of the distance. My question is what happens if i decide I am going to Durban and whilst I am in Durban later on during the day I decide to go to gateway umhlanga. Am I then Musaafir even though I had no intention of going to umhlanga whilst I was in umzinto? My reason I am asking is that I heard from someone else that if I decide to go to Durban and later during the day whilst in Durban I decide to go to umhlanga its a new trip and I am not Musaafir.
A. In principle, a person who intends to travel a distance of 78 kilometers or more is categorized as a Musaafir (traveler) and all the laws of a Musaafir (traveler) will apply.
Hence, in the enquired situation, if you intended to travel from your destination i.e. Umzinto to Umhlanga which is more than 78 kilometers, you would be categorized as a Musaafir (traveler) and all the laws of a Musaafir (traveler) will apply. However, if you intended to travel from your destination i.e. Umzinto to Durban which is less than 78 kilometers and in Durban you intended to travel to Umhlanga thereafter, you would not be categorized as a Musaafir (traveler) and all the laws of a Musaafir (traveler) will not apply (as you did not intend to travel 78 kilometers or more at your destination i.e. Umzinto nor in Durban.)
On the other hand, if you intend to return to your destination i.e. Umzinto, from Umhlanga, you would be categorized as a Musaafir (traveler) and all the laws of a Musaafir (traveler) will apply as you have now intended to travel a distance of over 78 kilometers.
In other words, every intention of travel will be considered individually. Any other intention of travel made thereafter will be calculated separately in calculating and determining the distance of travel. (Tabyeenul Haqaaiq 1/209)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
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