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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for a pilgrim to forgo staying overnight in Mina on the grounds that some scholars issue rulings permitting it?

Machine translationRead the Arabic original
Question:
May Allah reward you, Honorable Shaykh. This questioner says that some tour groups take the pilgrims to al-Aziziyah, and they do not stay overnight in Mina. They claim that there are those who issue rulings for them to do so, saying, "Do it, there is no blame on you."

Answer:
They take advantage of the dispensation because they set one price for those who stay overnight in Mina and a different price for those who stay outside Mina.
They take advantage of the dispensation to make a profit in this, turning the Hajj into a trade. This is not permissible. It is not permissible for a pilgrim to choose to stay overnight outside Mina. Rather, it is a condition that they stay overnight in Mina, and they should not go to others. As for taking advantage of the dispensation, this is not permissible.
As for what the one who takes advantage of the dispensation in Hajj says, taking the cheap price and staying outside Mina, and claiming that there are rulings for this—where did these rulings come from? They did not come from any reliable scholar of knowledge. If they came from a source, and if it is authentic, it came from people whose opinions are not considered. The Hajj is a trust in your responsibility, a worship in your responsibility; you do not play with it. Acts of worship are trusts; it is not permissible for you to play with them or be lax in them. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [3436/1129] هل يجوز للحاج أن يترك المبيت بمنى بحجة من يفتي بجواز ذلك؟ - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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