The Ruling on Staying Overnight Outside Mina
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Some people during Hajj stay outside Mina without making the effort to look for a place in Mina. If they come at one or two in the morning, they go to Mina and spend the night in their car, passing the time until Fajr. Is this considered staying overnight in Mina, or has the requirement of staying overnight not been fulfilled?
Staying overnight in Mina on the night of the eleventh and the night of the twelfth of Dhu al-Hijjah is obligatory according to the stronger opinion. The evidence for its obligation is that when al-Abbas wanted to go down to Makkah to provide water for the pilgrims, the Prophet (peace and blessings be upon him) granted him a dispensation.
The scholars said: The word (granted a dispensation) indicates that the default ruling is obligation; because a dispensation is not mentioned except in contrast to an obligatory matter. Therefore, it is obligatory for a person to look for a place in Mina before he descends to Muzdalifah. If he does not find a place, let him stay in Muzdalifah and remain there. He is not required to go to Mina and search for a place in his car for most of the night, or sit on the sidewalks between the cars.And it may be dangerous for him, so we say: If you do not find a place in Mina, sit in Muzdalifah at the end of the tents. You are not required to do anything as long as you searched for a place and did not find one.
Staying overnight in Mina on the night of the eleventh and the night of the twelfth of Dhu al-Hijjah is obligatory according to the stronger opinion. The evidence for its obligation is that when al-Abbas wanted to go down to Makkah to provide water for the pilgrims, the Prophet (peace and blessings be upon him) granted him a dispensation.
The scholars said: The word (granted a dispensation) indicates that the default ruling is obligation; because a dispensation is not mentioned except in contrast to an obligatory matter. Therefore, it is obligatory for a person to look for a place in Mina before he descends to Muzdalifah. If he does not find a place, let him stay in Muzdalifah and remain there. He is not required to go to Mina and search for a place in his car for most of the night, or sit on the sidewalks between the cars.And it may be dangerous for him, so we say: If you do not find a place in Mina, sit in Muzdalifah at the end of the tents. You are not required to do anything as long as you searched for a place and did not find one.