If one stays outside Mina during the days of Tashriq and remains on the night of the thirteenth until sunset, is it obligatory for him to stay overnight and perform the stoning?
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Fatwa number ( 2346 )
Q: I am a car driver for the Hajj, and I was unable to leave 'Arafah until two in the morning. I and my companions arrived at Muzdalifah and we performed the Maghrib and 'Isha' prayers there. Then, at four in the morning by sunset time, I left my companions in Muzdalifah and went to Mina by car with the luggage, intending to return to Muzdalifah to stay overnight. However, I found congestion on the roads and turned back several times on different routes to get what I wanted. After that, the congestion led me to Makkah , so I returned a second time to Mina , but the police prevented me due to the congestion, and I was unable to enter Muzdalifah until eight in the morning. So I stayed in Muzdalifah in the congestion outside the paved roads (inside
Muzdalifah). I remained in Muzdalifah for the days of Tashriq, and I did not enter Mina except at the time of stoning. Some of my companions enter at night and stay overnight in Mina , while others stay with me in the tent in Muzdalifah . What is your opinion on this, and what is the ruling if the sun sets and I am in the aforementioned residence in Muzdalifah on the second day if I do not hasten? Is it obligatory for me to perform the stoning on the third day? Please give us a ruling, may you be rewarded.
A: First: If the situation is as you described, regarding your attempt to enter Mina and your inability to do so, and your remaining in Muzdalifah during the days of Tashriq because you could not find a place in Mina as you mentioned in your question, then there is nothing upon you for leaving Muzdalifah as long as you returned to it before Fajr, and there is nothing upon any of your companions who stayed overnight in Muzdalifah during the days of Tashriq; because of His saying, the Exalted:[Al-Baqarah 2:286], and His saying: [Al-Hajj 22:78] Second: If the sun sets on you on the twelfth day while you are at your residence in Muzdalifah , then there is no staying overnight or stoning upon you; because you are outside Mina . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am a car driver for the Hajj, and I was unable to leave 'Arafah until two in the morning. I and my companions arrived at Muzdalifah and we performed the Maghrib and 'Isha' prayers there. Then, at four in the morning by sunset time, I left my companions in Muzdalifah and went to Mina by car with the luggage, intending to return to Muzdalifah to stay overnight. However, I found congestion on the roads and turned back several times on different routes to get what I wanted. After that, the congestion led me to Makkah , so I returned a second time to Mina , but the police prevented me due to the congestion, and I was unable to enter Muzdalifah until eight in the morning. So I stayed in Muzdalifah in the congestion outside the paved roads (inside
Muzdalifah). I remained in Muzdalifah for the days of Tashriq, and I did not enter Mina except at the time of stoning. Some of my companions enter at night and stay overnight in Mina , while others stay with me in the tent in Muzdalifah . What is your opinion on this, and what is the ruling if the sun sets and I am in the aforementioned residence in Muzdalifah on the second day if I do not hasten? Is it obligatory for me to perform the stoning on the third day? Please give us a ruling, may you be rewarded.
A: First: If the situation is as you described, regarding your attempt to enter Mina and your inability to do so, and your remaining in Muzdalifah during the days of Tashriq because you could not find a place in Mina as you mentioned in your question, then there is nothing upon you for leaving Muzdalifah as long as you returned to it before Fajr, and there is nothing upon any of your companions who stayed overnight in Muzdalifah during the days of Tashriq; because of His saying, the Exalted:
Allah does not charge a soul except [with that within] its capacity
لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلا وُسْعَهَاand has not placed upon you in the religion any difficulty
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.