repeat the Sal?t [and do it two Rak‘ahs]’. Im?m M?lik stated the same so long as the Sal?t’s time has not gone. (1)
The legality of shortening Sal?t is supported by many proofs, one of which is the following:
‘Aishah said: ‘All?h ( - عز وجل -) enjoined Sal?t to be done in twos at first, in residence and while traveling. Afterwards, the journey Sal?t was approved and an extra Rak‘ahs were added to the Sal?t in residence’. (2)
Commenting on this had?th, As-San‘?n? said: ‘This had?th includes the obligation of shortening the Sal?t while traveling for the word “wajabat” in the had?th means it is an obligation. This is Al-H?dawiyyah’s, Al-Hanaf?’s view and others’. (3)
Then he refuted the view that states that the travel Sal?t is only a Rukhsah [allowance which people may or may not do] and so did As-Shawk?n? [in his “Naylul Awt?r”] who affirmed it to be an obligation (4) and then said: ‘Whoever adds extra Rak‘ahs to it [i.e. the journey Sal?t] is similar to the one who adds Rak‘ahs to the original four Rak‘ahs of the Sal?t in residence. ‘Aishah’s completion for the journey Sal?t is not a proof for the proof lies in her narration not practice’. (5)
(1) “Ma‘?limus Sunnan” (vol. 2 / pp. 47 - 8).
(2) Narrated by: Al-Bukh?r? in his “Sah?h” (vol. 1 / p. 464), (vol. 2 / p. 569) and (vol. 7 / pp. 267 - 8), Muslim in his “Sah?h” (no. 685), Ab? D?w?d in “As-Sunnan” (no. 1198) and An-Nas?’? in “Al-Mujtab?” (vol. 1 / pp. 225 - 6).
(3) “Subulus Sal?m” (vol. 2 / p. 441).
(4) “Naylul Awt?r” (vol. 3 / p. 248).
(5) “As-Saylul Jarr?r” (vol. 1 / p. 306).
In “Al-Hady” (vol. 1 / p. 472), Ibn Al-Qayyim said -regarding ‘Aisha’s completion for the journey Sal?t-: ‘I heard Shaikhul Isl?m Ibn Taymiyyah state that this had?th is falsely ascribed to ‘Aishah; she could not perform a Sal?t in away that contradicts that of the prophet ( - ) and his Sah?bah and she knew that they all shorten it, and she said herself: ‘Sal?t was enjoined in twos at first, then two Rak‘ahs were added to the Sal?t in residence while the journey Sal?t remained as it is’. Howe could one imagine that she would ever add anything to All?h’s ( - عز وجل -) regulation and contradict the prophet’s ( - ) and his Sah?bah’s ( - ) practice’. See also: “Irw?’ul Ghal?l” (p. 316).