What is obligatory for those who missed staying overnight in Mina with a group?
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The questioner:
May Allah reward you with good and do you well. A female listener, Umm 'Aishah, sent a message saying that in one of the years she went to perform the rites of Hajj with one of the groups, and on the first night of the days of Tashreeq, they left the building they were staying in in al-'Aziziyah after ten in the evening to go to Mina. Due to the traffic congestion, they entered Mina, and the time they spent in Mina from their entry to their exit was approximately fifteen minutes. Then they returned to their building in al-'Aziziyah and spent that night there. The organizers of the group argue that the road was congested and that staying overnight in Mina counts even if it is for a small part of the night. It is clear that they did not make the efforts that facilitate staying overnight in Mina, which is that they took us out of our accommodation in al-'Aziziyah late. Secondly, we did not hear that they tried to get us off the buses to walk to our lodging in Mina, even if it was far away. They say that we are not required to pay a fidyah (ransom payment). Is this correct? We are pilgrims attached to a group and we did not stay overnight in Mina. Do we have to pay a blood sacrifice? If the answer is yes, there is another question: the husband performed Hajj on behalf of another person by agency. Is the blood sacrifice required of my husband or of the one who appointed him?
The Shaykh:
It is obligatory for the organizers of the group to fear Allah (Mighty and Majestic) and to enable the pilgrims with them to perform their rites, including staying overnight in Muzdalifah and not less than in Mina on the nights of Tashreeq. The stay must not be less than half the night, from the beginning of the night to at least its middle, or arriving after the middle of the night and staying until Fajr. Fifteen minutes or merely passing through is not sufficient. However, since you were unable and could not go to Mina on your own except through the group, you are excused, and the sin is upon the owners of the group who did not enable you to stay overnight. But if you were able to go to Mina on your own, stay there, and return to the building, then it is obligatory for you to do so, and if you left it, then each person owes a fidyah (ransom payment), because he was negligent. Yes.
The presenter:
May Allah reward you with good and do you well. Her husband was with her, but he is performing Hajj for another person. In that case, is the fidyah (ransom payment) upon the one who performed the Hajj, or upon the one who appointed him?
The Shaykh:
The fidyah (ransom payment) is upon the one who performed the Hajj, the deputy, because he is the one who was negligent. Yes.
May Allah reward you with good and do you well. A female listener, Umm 'Aishah, sent a message saying that in one of the years she went to perform the rites of Hajj with one of the groups, and on the first night of the days of Tashreeq, they left the building they were staying in in al-'Aziziyah after ten in the evening to go to Mina. Due to the traffic congestion, they entered Mina, and the time they spent in Mina from their entry to their exit was approximately fifteen minutes. Then they returned to their building in al-'Aziziyah and spent that night there. The organizers of the group argue that the road was congested and that staying overnight in Mina counts even if it is for a small part of the night. It is clear that they did not make the efforts that facilitate staying overnight in Mina, which is that they took us out of our accommodation in al-'Aziziyah late. Secondly, we did not hear that they tried to get us off the buses to walk to our lodging in Mina, even if it was far away. They say that we are not required to pay a fidyah (ransom payment). Is this correct? We are pilgrims attached to a group and we did not stay overnight in Mina. Do we have to pay a blood sacrifice? If the answer is yes, there is another question: the husband performed Hajj on behalf of another person by agency. Is the blood sacrifice required of my husband or of the one who appointed him?
The Shaykh:
It is obligatory for the organizers of the group to fear Allah (Mighty and Majestic) and to enable the pilgrims with them to perform their rites, including staying overnight in Muzdalifah and not less than in Mina on the nights of Tashreeq. The stay must not be less than half the night, from the beginning of the night to at least its middle, or arriving after the middle of the night and staying until Fajr. Fifteen minutes or merely passing through is not sufficient. However, since you were unable and could not go to Mina on your own except through the group, you are excused, and the sin is upon the owners of the group who did not enable you to stay overnight. But if you were able to go to Mina on your own, stay there, and return to the building, then it is obligatory for you to do so, and if you left it, then each person owes a fidyah (ransom payment), because he was negligent. Yes.
The presenter:
May Allah reward you with good and do you well. Her husband was with her, but he is performing Hajj for another person. In that case, is the fidyah (ransom payment) upon the one who performed the Hajj, or upon the one who appointed him?
The Shaykh:
The fidyah (ransom payment) is upon the one who performed the Hajj, the deputy, because he is the one who was negligent. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 4839- من فاتهم المبيت بمنى مع الحملة فما يجب عليهم؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.