Question: 

Covid patients from our town travel to Millpark for treatment. Many are aware that they will be admitted into hospital. Their duration of stay in hospital is unknown. Many of these patients miss Salaat whilst in hospital and hence are required to make Qadha. When making Qadha, are they required to make Qadha of Qasr or the full Salaat? 

Answer: 

The distance between your town and Millpark hospital exceeds 77 kilometers hence the patients in question qualify as Shari’ee Musaafir. These patients are therefore required to perform Qasr Salaah in Johannesburg if they hadn’t intended to reside in Johannesburg for 15 days or more.

When admitted into hospital the duration of their stay in hospital is unknown. If the patient recovers within a short span of time he would be discharged and if the recovery period is prolonged then the duration of stay will also be prolonged. Hence, the duration of their stay in hospital is unpredictable.

Now, if a patient doesn’t make the Niyyat of staying for a complete duration of fifteen days or more (with the hope that he will recover soon and be discharged) then he will remain as a Musaafir even though his unintended stay then extends beyond 15 days. If during this duration the patient missed a number of his Salaah, then he will be required to make Qasr when making Qadha of the missed Salaah.

ولو انه اقام في موضع اياما ولم ينو الاقامة لا يصير مقيما عندنا وان طالت اقامته عن ابن عمر قال ارتج علينا الثلج ونحن باذربيجان ستة اشهر في غزاة قال ابن عمر فكنا نصلي ركعتين )معرفة السنن والاثار للبيهقي 436 ج 2 رقم – 1610 )

And Allah Ta'aala knows best!

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 

Date: 28 Dhul Hijjah 1441 

English Date: 19 August 2020