May One Who travels for Two Years, shorten His Prayers?

Question :

A dispute took place between one of my Arab colleagues and I, regarding shortening the prayers while we were in America and might remain there for two years. I completed my prayers, as if I was in my homeland, while my colleague shortened his prayers, because he considered himself a traveller, even if the duration exceeded two years. We request clarification on the ruling of shortening the prayers with regard to our situation, with evidence.

Answer:

The rule is that the traveller is the one who is permitted to shorten the four-Rak'ah prayers, according to the Words of Allah, the Most High:
And when you (Muslims) travel in the land, there is no sin on you if you shorten your prayer.

- and according to the words of Ya'la bin Umayyah, who said: "I said to 'Umar bin Al-Khattab, may Allah be pleased with him:
...there is no sin on you if you shorten your prayer if you fear that the disbelievers may put you in trial (attack you etc.)."

He said: "I was surprised like you, so I asked the Messenger of Allah and he said:
It is a charity which Allah has bestowed upon you, so accept the charity."

One who remains in a place for four days and nights or less is considered a traveller, according to the authentic Hadith of Jabir and Ibn 'Abbas, may Allah be pleased with him, which states that the Prophet arrived in Makkah on the morning of the fourth of Thul-Hijjah for the Farewell Pilgrimage and he stayed there from the fourth to the seventh. Then he performed the Fajr prayer in Al-Abtah on the eighth day; and he shortened his prayers during these days, having made his intention to remain for this period, as is well known. So every person who travels and makes the intention to remain for a similar period to that during which the Prophet remained, or less, may shorten his prayers; and every person who intended to stay longer than this should complete his prayers, because he does not fall under the ruling of the traveller.

As for one who remained resident during his journey for more than four days, without intending to do, rather, intending to travel as soon as he had finished his business, he is like one who takes up residence in the course of Jihad against an enemy, or who is detained by the authorities or by illness, for example, and whose intention is to resume his journey if his Jihad ends in victory or peace, or he is freed from the illness, enemy force or authority which detained him, or he finds his runaway slave or finishes his business etc.

In that case, he is considered a traveller and he may shorten the four-Rak'ah prayers, even if the period of residence is prolonged, because it has been authentically reported that the Prophet remained in Makkah in the year of the fall of Makkah for nineteen days, shortening his prayer, and he remained in Tabuk for twenty days when fighting Jihad against the Christians and he and his Companions, may Allah be pleased with them, shortened their prayers, because he had not made an intention to remain; in fact, his intention had been to travel as soon as he had attended to his affairs.