Among the ways of facilitating things for the pilgrims regarding staying overnight in Mina if they do not find a place
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Question : And how often it happens to the pilgrims when they descend to Makkah on the day of 'Id for the purpose of tawaf and sa'y that they are delayed because of the congestion of cars or the difficulty of passing through any road. So what do we say to such people?
Answer : We say that they owe nothing. This is one case. Second, currently, there is not much space in Mina. Many people try, go around and around, and cannot find a place. So do we say to these people, "You have been prevented from an obligatory duty, so you must offer a sacrifice and stay wherever you wish"? Or do we say, "Stay wherever you wish without a sacrifice"? We say the second, because if a dispensation is granted to leave the overnight stay due to need, then it is even more so due to impossibility, without a doubt. Where do they stay?
But we hold that it is obligatory for them to stay in the place closest to the pilgrims' camps so that all the pilgrims are in one appearance and in one place. We do not say that because the overnight stay in Mina has fallen off, they may stay in any place, as the jurists said: if the obligation of staying in her husband's house falls off for a woman in 'iddah, she may be in any place. Rather, we say this is a group of pilgrims, and it is recommended that the pilgrims be in one appearance. So you are not required to make a place for yourselves in Mina or to stay on top of the tents, but stay at the last tent in Mina, at the end of the pilgrims, and this is sufficient for you. And this, praise be to Allah, is a clear facilitation for the servants of Allah. But some people, we ask Allah to guide them, if they do not find a place in Mina, where do they go? To al-'Aziziyah and to Makkah, as if they are saying, "Since the obligation has fallen off for us due to impossibility, let us stay wherever we wish." We say, no, it is not like that, but stay where the pilgrims have stayed. Just as we say regarding the mosque: if the mosque is full, do we say, "Go and pray in your house," or "Line up with the people behind the last one"? The second is the case here.
Answer : We say that they owe nothing. This is one case. Second, currently, there is not much space in Mina. Many people try, go around and around, and cannot find a place. So do we say to these people, "You have been prevented from an obligatory duty, so you must offer a sacrifice and stay wherever you wish"? Or do we say, "Stay wherever you wish without a sacrifice"? We say the second, because if a dispensation is granted to leave the overnight stay due to need, then it is even more so due to impossibility, without a doubt. Where do they stay?
But we hold that it is obligatory for them to stay in the place closest to the pilgrims' camps so that all the pilgrims are in one appearance and in one place. We do not say that because the overnight stay in Mina has fallen off, they may stay in any place, as the jurists said: if the obligation of staying in her husband's house falls off for a woman in 'iddah, she may be in any place. Rather, we say this is a group of pilgrims, and it is recommended that the pilgrims be in one appearance. So you are not required to make a place for yourselves in Mina or to stay on top of the tents, but stay at the last tent in Mina, at the end of the pilgrims, and this is sufficient for you. And this, praise be to Allah, is a clear facilitation for the servants of Allah. But some people, we ask Allah to guide them, if they do not find a place in Mina, where do they go? To al-'Aziziyah and to Makkah, as if they are saying, "Since the obligation has fallen off for us due to impossibility, let us stay wherever we wish." We say, no, it is not like that, but stay where the pilgrims have stayed. Just as we say regarding the mosque: if the mosque is full, do we say, "Go and pray in your house," or "Line up with the people behind the last one"? The second is the case here.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [3617] من أوجه التيسير على الحجاج في المبيت بمنى إن لم يجدوا مكانًا - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
