Ruling on staying overnight in buildings within the boundaries of Mina
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Fatwa number ( 20045 )
Q: We have buildings located about 550 meters, five hundred and fifty meters, to the west of the large Jamarat al-Aqabah, and during Hajj the tents extend onto the mountain slopes and the sides of the road leading to these buildings and beyond them. This is a result of the severe congestion inside
Mina during the days of Hajj, as is not hidden from your Eminence. Our question to you is: Is it permissible to stay and spend the nights in these buildings during the days and nights of Tashreeq? We hope your Eminence will provide us with a fatwa regarding this matter. May Allah reward you with the best reward, and may He guide your steps on the path of good.
A : If it is established that these buildings in which you reside are within the boundaries of Mina, then there is no harm in your staying there for three nights: the night of the eleventh, twelfth, and thirteenth of Dhul-Hijjah, or for two nights if you hasten and wish to travel from Makkah to another place. That suffices you because your staying is within the boundaries of Mina. However, if these mentioned buildings are outside the boundaries of Mina, then spending the nights of the days of Tashreeq there does not suffice you for the obligatory stay. It is obligatory for you to stay with the pilgrims within the boundaries of Mina, unless you are unable to find a place in Mina, and you have done your utmost and exerted yourselves to obtain a place there but found no place in Mina to reside in due to the severe congestion. In this case, there is no blame on you for staying outside Mina out of necessity, and that suffices you, if Allah wills, and there is no expiation on you for leaving the stay there due to the inability to do so; because of the saying of Allah
the Exalted:[At-Taghabun 64:16], and His saying: [Al-Hajj 22:78], and His saying: [Al-Baqarah 2:286]. And whenever you are able to enter Mina and can obtain a place to stay there, it is obligatory for you to stay there. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We have buildings located about 550 meters, five hundred and fifty meters, to the west of the large Jamarat al-Aqabah, and during Hajj the tents extend onto the mountain slopes and the sides of the road leading to these buildings and beyond them. This is a result of the severe congestion inside
Mina during the days of Hajj, as is not hidden from your Eminence. Our question to you is: Is it permissible to stay and spend the nights in these buildings during the days and nights of Tashreeq? We hope your Eminence will provide us with a fatwa regarding this matter. May Allah reward you with the best reward, and may He guide your steps on the path of good.
A : If it is established that these buildings in which you reside are within the boundaries of Mina, then there is no harm in your staying there for three nights: the night of the eleventh, twelfth, and thirteenth of Dhul-Hijjah, or for two nights if you hasten and wish to travel from Makkah to another place. That suffices you because your staying is within the boundaries of Mina. However, if these mentioned buildings are outside the boundaries of Mina, then spending the nights of the days of Tashreeq there does not suffice you for the obligatory stay. It is obligatory for you to stay with the pilgrims within the boundaries of Mina, unless you are unable to find a place in Mina, and you have done your utmost and exerted yourselves to obtain a place there but found no place in Mina to reside in due to the severe congestion. In this case, there is no blame on you for staying outside Mina out of necessity, and that suffices you, if Allah wills, and there is no expiation on you for leaving the stay there due to the inability to do so; because of the saying of Allah
the Exalted:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْand has not placed upon you in the religion any difficulty
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍAllah does not charge a soul except [with that within] its capacity
لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلا وُسْعَهَا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.