Staying overnight at Muzdalifah
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Fatwa No. ( 9411 )
Q: After the sun set on the Day of 'Arafah , 9/12/1404 AH, my companion and I each got out of our cars, which were loaded with women and a few men and boys, and we traveled from 'Arafah to Muzdalifah among the pilgrims. After a portion of the night had passed, not yet reaching its halfway point, we arrived at Muzdalifah . They did not allow us to enter the open areas at the beginning, and every soldier would hit our car and say, "Move, move forward." When we reached the middle of Muzdalifah , we found no entrances to the open areas, as the entrances were blocked by pilgrims' cars. The entrances are few, for the rest of the sides are blocked by mounds and iron barriers that a car cannot cross, and parking is not allowed there. The police ordered us to move or threatened us with beating, and in fact, they were hitting the cars.
They forced us to get out of the cars before we could perform the Maghrib and 'Isha' prayers, even though we had delayed them until close to midnight. After being forced out of Muzdalifah , we were separated against our will. My companion went to stone the Jamarat al-'Aqabah and perform the Tawaf al-Ifadah, as he was unable to return to Muzdalifah because he did not know the way back. As for me, I followed the traffic lines to Mina , then to Makkah , and from there to 'Arafah , and we descended to Muzdalifah again near the end of the night, after great effort and exhausting fatigue. The question is: 1- Is it obligatory for my companion and those with him to offer a sacrifice (dam) because the overnight stay (mabit) in Muzdalifah was not achieved, given that they were forced to do so, or not? 2- Does this same all-night driving, with its great hardship, obligate me, when the overnight stay was not achieved in the required manner, as it was only a small part of the night? I ask you to light the path for us. Note that there were many open places we could not reach due to the barriers, and other places that had been occupied by tents and the like.
A: If the matter is as you described, then it is not obligatory for either of you, nor for the pilgrims with you, to offer a fidyah for not staying overnight in Muzdalifah ; because you did what you could to achieve the overnight stay but were unable to do so. Allah the Exalted said:[Al-Baqarah 2:286], and Allah the Exalted said:
[Al-Ma'idah 5:6], and Allah the Exalted said: [At-Taghabun 64:16]. As for the one who stoned the Jamarat al-'Aqabah, performed the Tawaf al-Ifadah, and did the Sa'y before midnight, that does not suffice him. He must repeat the Tawaf, the Sa'y, and the stoning. There is no fixed limit for repeating the Tawaf and Sa'y; the obligatory matter is to hasten to do so after becoming aware of it. As for the stoning, if they did not repeat it during the four days of Mina (the Day of 'Id and the Days of Tashriq), they must offer a sacrificial animal (hady). If it was after midnight, it suffices him, and there is no sin on you in that, if Allah wills. And you are rewarded for the effort you made and the hardship you endured. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: After the sun set on the Day of 'Arafah , 9/12/1404 AH, my companion and I each got out of our cars, which were loaded with women and a few men and boys, and we traveled from 'Arafah to Muzdalifah among the pilgrims. After a portion of the night had passed, not yet reaching its halfway point, we arrived at Muzdalifah . They did not allow us to enter the open areas at the beginning, and every soldier would hit our car and say, "Move, move forward." When we reached the middle of Muzdalifah , we found no entrances to the open areas, as the entrances were blocked by pilgrims' cars. The entrances are few, for the rest of the sides are blocked by mounds and iron barriers that a car cannot cross, and parking is not allowed there. The police ordered us to move or threatened us with beating, and in fact, they were hitting the cars.
They forced us to get out of the cars before we could perform the Maghrib and 'Isha' prayers, even though we had delayed them until close to midnight. After being forced out of Muzdalifah , we were separated against our will. My companion went to stone the Jamarat al-'Aqabah and perform the Tawaf al-Ifadah, as he was unable to return to Muzdalifah because he did not know the way back. As for me, I followed the traffic lines to Mina , then to Makkah , and from there to 'Arafah , and we descended to Muzdalifah again near the end of the night, after great effort and exhausting fatigue. The question is: 1- Is it obligatory for my companion and those with him to offer a sacrifice (dam) because the overnight stay (mabit) in Muzdalifah was not achieved, given that they were forced to do so, or not? 2- Does this same all-night driving, with its great hardship, obligate me, when the overnight stay was not achieved in the required manner, as it was only a small part of the night? I ask you to light the path for us. Note that there were many open places we could not reach due to the barriers, and other places that had been occupied by tents and the like.
A: If the matter is as you described, then it is not obligatory for either of you, nor for the pilgrims with you, to offer a fidyah for not staying overnight in Muzdalifah ; because you did what you could to achieve the overnight stay but were unable to do so. Allah the Exalted said:
Allah does not charge a soul except [with that within] its capacity
لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلا وُسْعَهَاAllah does not intend to make difficulty for you
مَا يُرِيدُ اللَّهُ لِيَجْعَلَ عَلَيْكُمْ مِنْ حَرَجٍSo fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
