If it is objected that his expression “has waived” implies that it was previously obligatory—as in his words, “He has waived fasting for him”—it is well known that fasting during Ramadan was never obligatory for the traveller. Rather, since the grounds for the obligation had been established, exempting the traveller was described as waiving it. Moreover, fasting was obligatory while he was resident, so when he travelled, it was waived on account of his journey. Similarly, one says, “Whoever embraces Islam has the jizyah waived for him,” even though the jizyah is never obligatory for a Muslim.
Furthermore, Safwān ibn Muhriz said:
“I said to Ibn ʿUmar, ‘Tell me about the traveller’s prayer.’ He said, ‘Do you fear that lies will be attributed to me?’ I said, ‘No.’ He said, ‘Two rakʿahs. Whoever opposes the Sunnah has disbelieved.’”
This is a well-known report, transmitted by Abū al-Tayyāh from Muwarriq al-ʿIjlī, from him, and is widely cited in collections of transmitted reports. Another wording reads:
“The traveller’s prayer is two rakʿahs, and whoever opposes the Sunnah has disbelieved.”
Some transmitters traced it back to the Prophet (peace and blessings be upon him). Thus, he made clear that the traveller’s prayer is two rakʿahs, and that this belongs to the Sunnah: whoever opposes it by holding a contrary belief has disbelieved.
These proofs demonstrate the weakness of the view that one may shorten the prayer only on an obligatory journey. Some hold that the prayer is not shortened on a disliked or unlawful journey, but is shortened on a permissible one. This, too, is a view reported from Ahmad. As for shortening the prayer on a recreational journey, two views are reported from Ahmad.
Regarding an unlawful journey, the position of the three imams—Mālik, al-Shāfiʿī and Ahmad—is that the prayer is not shortened on it. Abū Hanīfah and groups among the earlier and later generations, however, held that one shortens the prayer on