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Sunday, October 28, 2012

Not staying overnight inMina during the days of Tashreeq

I hope that you can explain the ruling on notstaying overnight in Mina
during the Days of Tashreeq. If the answer is that (the one who does
not stay in Mina) is obliged to offer a sacrifice, then should he
offer a sheep for each night or is one sufficient?
Praise be to Allaah.
Staying overnight in Mina during the Days of Tashreeq is obligatory
according to the majority of fuqahaa'; theone who fails to do that
with no excuse is obliged to offer a sacrifice. According to the
majority of scholars one should stay there formost of the night.
(al-Mawsoo'ah al-Fiqhiyyah, part 17, p. 58).
Not staying overnight in Mina during the Days of Tashreeq may be one
of the following cases:
The first case: when a person does not stay overnight in Mina because
he has an excuse.
Shaykh Ibn Baaz was asked about the ruling on a person who does not
stay overnight in Mina during the Days of Tashreeq. He said: "He is
not obliged to offer any sacrifice because Allaah says (interpretation
of the meaning): 'So keep your duty to Allaah and fear Him as much as
you can' [al-Taghaabun 64:16] – whether he did not stay overnight at
Mina because of sicknessor because there was no room, of for some
similar legitimate excusesuch as those who bring water to the pilgrims
and those who tend sheep, and whatever else comes under the same
rulings.
The second case: when aperson does not stay overnight (in Mina) during
the days of Tahsreeq with no excuse.
The Shaykh (may Allaah have mercy on him) said:
Whoever does not stay overnight in Mina during the Days of Tashreeq
with no excusehas failed to do something which was prescribed by the
Messenger of Allaah SAWS (peace and blessings of Allaah be upon him)
in both word and deed, and by the fact that he made a concession for
some of those who have excuses such as shepherds and those who bring
water to the pilgrims. Concessions can only be made when there is
something which has to be done. Hence staying overnight in Mina during
the Days of Tashreeq is considered to be one of the obligatory duties
of Hajj,according to the more correct of the two scholarly views, and
whoever does not do that and has no legitimate excuse has to offer a
sacrifice, becauseit was reported that Ibn 'Abbaas (may Allaah be
pleased with them both)said: "Whoever fails to do one of the rituals
[of Hajj] or forgets it, let himoffer a sacrifice." It is sufficient
to offer one sacrifice for not staying overnight in Mina during the
days of Tashreeq."
(Majmoo' Fataawa al-Shaykh Ibn Baaz – may Allaah have mercy on him –
vol. 5, p. 182)
He should offer the sacrifice and share out its meat among the poorin
the Haram, and he should not eat any of it. And Allaah knows best.

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