What is the ruling for those who spent the night outside Mina, believing that they were inside Mina during the days of Tashriq?

Child: Bara'ah

The Shaykh : Bara'ah, Masha'Allah. I seek protection for you by the perfect words of Allah from every Shaytan, harmful creature, and the evil eye. Welcome.

The questioner : We rented a house and lived in it for three days, believing that it was in Mina. Last night, someone came and informed us that this residence is not in Mina. This residence is licensed by the Ministry of Hajj and Endowments because we paid money to live there, meaning it is licensed.

The Shaykh : Licensed as a residence, but licensed on the basis that it is in Mina?

The questioner : That was our belief; otherwise, we would not have lived there.

The Shaykh : No, it is not just your belief. Did they, meaning the authorities, tell you that this is in Mina?

The questioner: Yes.

The Shaykh : Before you rented it?

The questioner : Yes, and the residence is actually located directly west of al-Aqabah. That is, if you threw something from this elevated place, it might land there.

The Shaykh : Which al-Aqabah, the major one?

The questioner : The major one, yes. The distance might be twenty or thirty meters.

The Shaykh : So, what did those who told you that it is not in Mina say?

The questioner : That brother, Abdullah al-Du'asri, told us that. He was living in that area, and it was said to him that it is not in Mina. So he went and asked, and he confirmed with a group of scholars, and they told him that this is on the edge of Mina and that it is not in Mina. So he moved his camp from that place. But in reality, it is close to Mina. That is, if you threw a stone from the elevated place...

The Shaykh : No, may Allah reward you, nearness and distance are not the operative cause. The operative cause that justifies spending the night is that you are part of Mina, even if on the edge. But if you are outside the edge of Mina, whether it is close or far, that does not bring you closer, neither near nor far. Therefore, once again, it is not permissible for us to rely on our claim that it is close to Mina, because the nearness of that place to Mina or from Mina does not benefit, it does not advance or delay. The important thing is that it is within the limits of Mina. Is that clear? Now, after you have known and become convinced that the house you stayed in is not in Mina, when did you learn this?

The questioner : Last night.

The Shaykh : Last night, no problem.

The questioner : When we learned the news, we got in the car and slept in the car, while the rest of our companions remained in the camps.

The Shaykh : Why? Did you not inform them that this is not in Mina?

The questioner : There are women, and there is no place for us to go, nor is it a time to search for another place.

The Shaykh : So, what about today?

The questioner : Today is the last day we throw stones, and we will leave, if Allah wills.

The Shaykh : I know, meaning, did you sleep in Mina yesterday?

The questioner : Those who learned the news went out and slept, but the elderly and the women remained sleeping because it was the end of the night and we could not find a place.

The Shaykh : So, what concerns me is to confirm what you mentioned earlier, that when you rented the house, the authorities told you that it is in Mina.

The questioner : And the camp is licensed for it.

The Shaykh : The license as a residence, there is a difference between as a residence and as a residence in Mina.

The questioner : As a residence in Mina.

The Shaykh : This is what I want to verify. So, I consider this an excuse for those who spent the night in this residence, as they were deceived by those in authority. However, you have two obligations. The first obligation, for another Hajj, if Allah wills, is that you do not stay in it or in something like it; that is, you verify well if you are forced to rent. The second obligation is that you return to those who rented you the residence under the name that this is in Mina, and you tell them, "You deceived us and you nearly ruined our Hajj by having us spend the night in this place, and the knowledgeable people say that this place is not in Mina." And listen to what their answer is, because the truth is that it is not easy to refute some of those in authority in their ruling except after confirmation. It may appear from them a weakening in the answer, so you confirm the validity of the news that was told to you that it is not in Mina. And they may say, "No, ask the scholars, and ask the people of Makkah, and the people of Makkah know its valleys best." This remains, of course, taking another form. The important thing is that I do not believe that there is a deficiency in your Hajj, so you do not have to offer a sacrifice, and peace be upon you.

The questioner : May Allah reward you, O Shaykh.

The Shaykh : Welcome.

The questioner : We entrust you to Allah.

The Shaykh : In the safety of Allah, may Allah keep you safe.