THE RULING CONCERNING THE PERFORMANCE OF THE MISSED SALAAH

The ruling of the Shariah concerning the performance of missed Salaah is that the Qaza for the missed Salaah should be performed based on the condition in which it was missed. For example, if it was missed whilst on journey, then the four Raka'at Salaah will be performed as two Raka'ats, even if he performs (the Qaza) whilst he is a resident again, and if it was missed whilst he was resident, then the Qaza of the four Raka'at Salaah will be four Raka'at, even if he is on a journey (and is reading the Qaza for it).

It is in Hidaayah:

Translation: Whoever missed Salaah whilst travelling, should make up for it at home (whilst a resident) by offering two Raka'ats, and whoever missed Salaah whilst being a resident, should make up for it by offering four Raka'ats even if on a journey. (Al Hidaayah Volume 1, Page 88/Darul Kutbul Ilmiyyah, Beirut)

It is in Fataawa Hindiyah:

Translation: One of its rulings (Qaza Salaah) is that the missed Salaah should be offered according to the condition in which it was missed, but in the case of a valid excuse and necessity, this ruling changes. A person whose four Raka'ats of Fard Salaah were missed will

make up for it, by offering four Raka'ats whilst traveling and if that person missed four Raka'ats whilst travelling, he will make up for it, by offering two Raka'ats as a resident. (Fataawa Hindiyah Volume 1, Page 134, Chapter of Salaah/Darul Kutbul Ilmiyyah, Beirut)

Further to this, Huzoor Sadrush Shariah writes in Bahaar e Shariat: The Qaza for the missed Salaah should be performed based on the condition in which it was missed. For example, if it was missed whilst on journey, then the 4 Raka'at Salaah will be read as 2 Raka'ats even if he reads (the Qaza) whilst a resident again; and if it was missed whilst he was resident, then the Qaza of a 4 Raka'at Salaah will be 4 Raka'ats, even if he is on a journey (and is reading the Qaza for it). However, if whilst performing the Qaza, there is some kind of valid excuse, then this will be given credence. For example, at the time of missing it he was able to perform it whilst standing, but now he is unable to perform Qiyaam, then (in such a case) he is permitted to perform it whilst sitting; or if in this time he is only able to perform it by the way of gesturing, then he should be performing it by way of gesturing and when he becomes well again there is no need to repeat it. (Bahaar e Shariat English Version Volume 4 Page 83/Imam Mustafa Raza Research Center)

In short: In the Qaza of the missed Salaah, the state of offering the Salaah is not the credence, rather the condition (state) of the Qaza is the credence, that is, if the Qaza Salaah for the journey is performed at home (whilst a resident), then he will only perform it as Qasr (curtailment of obligatory prayers during journey), and if he wants to perform the Qaza Salaah of home (whilst a resident), during the journey, then he will perform the full Qaza Salaah. Therefore, in the case of the abovementioned matter, which has been queried, the person will perform the Qaza Salaah of the journey at home (whilst a resident i.e. A Muqeem) as Qasr. In other words, he will perform two Raka'at instead of four Raka'ats of Fard Salaah.