They cited as evidence the general texts indicating the obligation of Friday Prayer. This argument, however, is answered by the evidence that qualifies those general texts.
Friday Prayer is not obligatory upon the traveller, nor is it obligatory upon the resident. Yet, if it is established in a town by settled residents, it becomes obligatory upon the resident by virtue of others, not in his own right. By saying “by virtue of others,” we mean that if it is established by those whose establishment of it is valid, then he must attend it as a follower of others; however, he is not counted among the required quorum.
Accordingly, people fall into three categories:
- A settled resident.
- A traveller.
- A resident who is neither a traveller nor a settled resident.
An example of this is a man who arrives in a town and intends to remain there for more than four days. He is not a settled resident, because he has not made that town his home; nor is he a traveller, because he has intended a stay that interrupts the ruling of travel. He is therefore a resident. If Friday Prayer is established in the town by settled residents, it becomes obligatory upon him; but if it is not established, it is not obligatory upon him.
Accordingly, if a group of Muslims travel to non-Muslim lands—one hundred men, for example—intending to study there for five, six, or ten years, Friday Prayer is not obligatory upon them. Indeed, it would not even be valid if they were to perform Friday Prayer, because permanent settlement is necessary, and these people are not settled residents. Thus, Friday Prayer is neither valid for them nor obligatory upon them. However, if there are forty settled residents in that town, Friday Prayer becomes obligatory upon those forty, and then it becomes obligatory upon these others by virtue of the settled residents. This is the established position of the school. Accordingly, whoever intends to remain for more than four days is a traveller in some respects