Having Two Watn-e-Asli
Question
A person lives in South Africa and has been living in City A for more than 20 years. He has a house and owns and runs two businesses in City A.
He still lives and works in City A for most of the year.
This person bought a flat in India , City B, in a street where his grandfather used to live, and passed away many many years ago.
He goes to the flat once every few months and his period of stay in City B varies from less than 14 days up to 20 days. When he is not in City B he rents the flat to people from South -Africa who go to City B for holiday or medical treatment.
When he purchased the flat he made intention that due to it being in the area where his ancestors used to live this will also be his وطن اصلي.
1) Will City B become his وطن اصلي while City A remains his وطن اصلي?
Thus, will he have 2 وطن اصلي and will never be a Musafir when he goes to City B?
2)Can he read full Salaah in City B if he is only staying there for 10 days in that particular journey, because he has an intention to return to City B for another week or two after three months and this is the home town of his ancestors (including grandparents)?
Answer
In the scenario presented, since seeing that the person in question was neither born and bred in City B, nor has he settled down with a wife in City B, nor does he have a running business in City B, due to which he spends long periods of time in City B (as he does in City A), City B will not become his Watn Asli. It does not fulfill the conditions required for Surat to become his Watn Asli.In essence, City Bis a sort of a holiday resort and a holiday breakaway place for him where he spends short periods of time to relax, etc. The mere fact that the home is situated in the city (City B) that was the ancestral abode of his forefathers, does not grant him leeway to consider City Bas his second Watn Asli.
If the individual is staying in City B for less than 15 days, he will make Qasr and won’t perform full Salaah.
References (Arabic / Urdu sources)
الوطن الأصلي هو موطن ولادته أو تأهله أو توطنه يبطل بمثله قوله أو توطنه) أي: عزم على القرار فيه وعدم الارتحال وإن لم يتأهل، فلو كان له أبوان ببلد غير مولده وهو بالغ ولم يتأهل به فليس ذلك وطنا له إلا إذا عزم على القرار فيه وترك الوطن الذي كان له قبله شرح المنية.
(الدر المختار» مع رد المحتار ج ۲ ص ۱۳۱ – ۱۳۲ ، باب صلاة المسافر، مطلب في الوطن الأصلي ووطن الإقامة، ط: ایچ ایم سعيد )
(فيقصر إن نوى) الإقامة (في أقل منه) أي في نصف شهر .
(الدر المختار مع رد المحتار ج ۲ ص ۱۲۵ ، باب صلاة المسافر، ط: ایچ ایم سعید)
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
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