If one does not stay overnight in Mina on the night of 'Arafah; is a sacrificial animal obligatory upon him based on what Ibn 'Abbas said: "Whoever leaves something of his rites, a sacrificial animal is due upon him"?

The questioner : The first question: Regarding staying overnight on the night of 'Arafah, many pilgrims do not stay overnight; do you think that it is part of the rites such that the hadith of Ibn 'Abbas is established: "Whoever leaves a rite, a sacrificial animal is due upon him"? ... That is the end, this is the first question.
The second question.

The Shaykh : Excuse me; is the second question related to the first?

The questioner: Yes.

The Shaykh : ... Let us not multiply questions before answering the previous question.

The questioner : All right, we will postpone the two questions until after answering the first question.

The Shaykh : The first question regarding staying overnight in Mina on the night of 'Arafah; we have no doubt about the obligation of this staying overnight; because it falls under the generality of his saying - peace and blessings be upon him - : , so without a doubt, the staying overnight of the Messenger - peace and blessings be upon him - in Mina is among the rites, and no evidence has been established that this general command which included this staying overnight is excluded from this general evidence. And among the scientific principles of usul al-fiqh is the obligation to utilize the general text until something comes that specifies it, and that specifier did not come here at all, so the staying overnight in Mina remains included in the general text: .
As for if the pilgrim does not stay overnight in Mina; is a sacrificial animal obligatory upon him or not?
I am among those who do not expand on imposing the fidyah (ransom payment) for every mistake that occurs from the pilgrim, and the hadith of Ibn 'Abbas that Shaykh Kamil mentioned is not a marfu' (report traced to the Prophet) as is implied by the general use of the phrase "the hadith of Ibn 'Abbas," this is the terminology among hadith scholars, if it is said: the hadith of Abu Hurayrah, then it is meant from such a saying; that is: that it is a marfu' hadith, so this hadith of Ibn 'Abbas is not marfu' from him, rather it is from his saying, so whoever has the conviction that this saying from him cannot be said to be from his ijtihad (independent legal reasoning) with his opinion, then in that case it is in the ruling of marfu' and it is obligatory upon him to adopt it and apply it to every rite that the pilgrim leaves, as for whoever does not have that conviction established for him, like me, he is not obligated to issue a fatwa (a scholarly legal ruling) based on it; therefore, I do not say that whoever leaves the staying overnight in Mina has a sacrificial animal due upon him, but if we say that sin is upon him, that is more likely to be a means of education for him than to be said ... legislated, so the Muslim must ... another scholar.

The questioner : Is there another scholar who differed from Ibn 'Abbas among the Companions?

The Shaykh : Of course, regarding ... .

The questioner : ... .

The Shaykh : ... I cannot ... now ... .

The questioner : If there is no other scholar who differed from Ibn 'Abbas among the Companions ... .

The Shaykh : I do not commit myself to the Companions ... .

The questioner : And not from the Tabi'un (the generation after the Companions)?

The Shaykh : And not from the Tabi'un.

The questioner : ... And not from the Tabi'un.

The Shaykh : And not from the Tabi'un.

The questioner : ... There is room for ijtihad.

The Shaykh : Yes?

The questioner : So you see there is room for ijtihad, you see that there is room for ijtihad, perhaps ... .

The Shaykh : ... .

The questioner : This is clear ... .

The Shaykh : ... .

The questioner : And there is nothing that obligates ... this hadith?

The Shaykh : No, there is nothing, no.

The questioner : All right, so I - for example - if I find the saying of Ibn 'Abbas - may Allah be pleased with him - or another from the Companions - may Allah be pleased with them - I did not find among the Companions anyone who differed from this saying, rather I found among the Tabi'un someone who understood other than what Ibn 'Abbas understood, is there what is appropriate ... marfu' and authentic, and contrary to what Ibn 'Abbas said? I ... with the saying of Ibn 'Abbas, and overlook the saying of that differer who is not from the Companions as long as he did not rely on evidence.

The Shaykh : ... As long as the issue has disagreement; the existence of disagreement removes the obligation ... following one of the groups without conviction, removes the obligation; as for whoever does not have an opinion and knowledge that helps him to prefer one saying over another, without a doubt the more appropriate for such a person is to follow the Companions, and implement their opinion over the opinion of those below them.

The questioner : All right, what is this knowledge that ...?

The Shaykh : The knowledge of a scholar, I mean.

The questioner : All right, he has knowledge, by Allah, but only ... so he did not stumble and did not find anything other than that this saying is authentic from Ibn 'Abbas ... .

The Shaykh : Yes, suppose now that he has no differer?

The questioner : I say, I mean, he has no differer except the saying of a Tabi'i ... .

The Shaykh : My answer in what came before: If this man is not from the people of knowledge such that he has specific fiqh (Islamic jurisprudence) as is said in many issues, even from Imam al-Shafi'i it was said: it is permissible in ... yes, this of course exists among the people of knowledge ... so whoever is in this position among the people of knowledge, it is permissible for him to take the saying of the Tabi'i and leave the saying of the Companion as long as the issue has disagreement.

The questioner : And if this has his fiqh ... .

The Shaykh : His understanding leads to ... for example, suppose he takes the generalities that: ; he says ... that it is not permissible to take the wealth of a Muslim except by an explicit text, this text does not exist, we do not have except the saying of Ibn 'Abbas, so there is no difference that this obligates him, especially since he has a differer - also -, as for whoever has no knowledge, no fiqh ... .

The questioner : The first question has a corroborating narration.

The Shaykh: Go ahead.

The questioner : ... the Messenger - peace and blessings be upon him - .

The Shaykh : ... .

Another questioner : ... .

The questioner : ... the same question, he says he left ... five prayers, if we say by the obligation of staying overnight in Mina; do we commit to leaving in the issue of ... and the five prayers by that?

The Shaykh : Definitely, except for dire necessity.

The questioner : Except for dire necessity.

The Shaykh: Yes.

The questioner : And it means it indicates the obligation of that ... .

The Shaykh : ... as came in the hadith of the Prophet - peace and blessings be upon him - .

The questioner : All right, so now ... the second question.

Another questioner : ... .

The Shaykh : You are not allowed to speak like this ever.

Another questioner : ... .

The Shaykh : Ever ... .
Yes.