Those Who Are Excused for Staying Overnight Outside Mina
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The questioner: The Messenger of Allah (peace and blessings be upon him) excused some people from staying overnight in Mina, such as the water carriers and others. But who is to be compared to them in the present time? And are those engaged in trade excused?
The Prophet (peace and blessings be upon him) granted a dispensation to al-Abbas to stay overnight in Makkah for the sake of providing water to the pilgrims, and this is a public service, as you know. Likewise, he granted a dispensation to the shepherds to leave off staying overnight in Mina because they tend to the mounts of the pilgrims. These people are similar to those who leave off staying overnight to look after the interests of the people, such as doctors, traffic police, firemen, and the like. These people are not required to stay overnight because the people need them. As for one who has a specific excuse, such as a sick person and his nurse, and the like, are they to be included with these people?According to two opinions of the scholars: Some say that they are included because of the presence of an excuse, and some say that they are not included because the excuse of these people is specific, whereas the excuse of those others is general.And what appears to me: They are included with these people. Those with excuses are included with these people, such as a sick person who needs to stay in the hospital for these two nights, the eleventh and twelfth. There is no blame on him and no expiation, because this is an excuse. And the fact that the Messenger of Allah (peace and blessings be upon him) granted a dispensation to al-Abbas, even though he could have appointed someone from the people of Makkah who had not performed Hajj, indicates that the matter of staying overnight is light in its ruling.Meaning: Its obligation is not of that strong type of obligation, to the extent that Imam Ahmad (may Allah have mercy on him) held that one who leaves off one of the nights in Mina owes no expiation, but rather he should give something in charity.Meaning: Ten riyals, five riyals, according to the situation.
The questioner: The merchants?The Shaykh: No, those engaged in trade. These are private interests, and they are not an excuse.But it can be said: The owners of bakeries whom the people need may be included with these people.
The Prophet (peace and blessings be upon him) granted a dispensation to al-Abbas to stay overnight in Makkah for the sake of providing water to the pilgrims, and this is a public service, as you know. Likewise, he granted a dispensation to the shepherds to leave off staying overnight in Mina because they tend to the mounts of the pilgrims. These people are similar to those who leave off staying overnight to look after the interests of the people, such as doctors, traffic police, firemen, and the like. These people are not required to stay overnight because the people need them. As for one who has a specific excuse, such as a sick person and his nurse, and the like, are they to be included with these people?According to two opinions of the scholars: Some say that they are included because of the presence of an excuse, and some say that they are not included because the excuse of these people is specific, whereas the excuse of those others is general.And what appears to me: They are included with these people. Those with excuses are included with these people, such as a sick person who needs to stay in the hospital for these two nights, the eleventh and twelfth. There is no blame on him and no expiation, because this is an excuse. And the fact that the Messenger of Allah (peace and blessings be upon him) granted a dispensation to al-Abbas, even though he could have appointed someone from the people of Makkah who had not performed Hajj, indicates that the matter of staying overnight is light in its ruling.Meaning: Its obligation is not of that strong type of obligation, to the extent that Imam Ahmad (may Allah have mercy on him) held that one who leaves off one of the nights in Mina owes no expiation, but rather he should give something in charity.Meaning: Ten riyals, five riyals, according to the situation.
The questioner: The merchants?The Shaykh: No, those engaged in trade. These are private interests, and they are not an excuse.But it can be said: The owners of bakeries whom the people need may be included with these people.