Musaafir staying in different suburbs for few days each
Q: If I travel from Johannesburg to Durban for 20 days, but stay at different suburbs in Durban for a few days each, e.g. Musgrave, Sherwood, Overport, Clare Estate, Westville, etc.
1. Would I be a musafir?
2. What is considered in determining whether a place is considered as one or two different places? E.g. Is it based on the city name, suburb, physical break in buildings, etc?
A: If one stays in two places (or more), then if the two places (or more) are linked in such a way that they are seen as one place (i.e. the residential area of all the places are linked), then since they are linked they will be regarded as one place in regard to the law of safar. Hence, one will not be regarded as a musaafir if he stays for fifteen days or more in all these places.
However, if the two places (or more) are not linked in such a way that they are seen as one place (i.e. the residential area of all the places are not linked or there is a separation between all the places), then since they are regarded as different places, if one separates his stay of fifteen days in all these places, he will be regarded as a musaafir. If one stays for fifteen days or more in any one of these places, then he will not be a musaafir.
In regard to the places you mentioned, Musgrave, Sherwood, Overport and Clare estate are linked. Hence, they will be regarded as one place in regard to the law of safar. However, Westville is separate from the other places. Therefore, if you stayed in Westville for 10 days and in Musgrave for the remaining 10 days, you will be regarded as a musaafir.
And Allah Ta'ala (الله تعالى) knows best.
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Mufti Ebrahim Salejee (Isipingo Beach)
Q:
1. Is a highway considered a 'separation' between two places?
2. What about a river or a canal?
A:
1. Yes, if the distance is the distance of a ghalawa i.e. 150 metres or more, it will be regarded as a separation. We have measured the distance of the separation between Sherwood and Westville on google maps (i.e. the highway including the grass patches around it), and we have found that it meets the requirements to be regarded as a sharee separation. In some places, the separation is 200 metres.
2. As above.
And Allah Ta'ala (الله تعالى) knows best.
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