Is it permissible for a pilgrim, after descending from 'Arafah, not to stay overnight at Muzdalifah, but instead to stay overnight in the Haram or in Mina?

The questioner : I say that many pilgrims descend from 'Arafah, and they have an amir, a shaykh, or someone who acts like a shaykh, or something like that. They gather some pebbles and then walk on their way to either Makkah or Mina. When a student of knowledge addresses them and emphasizes that it is necessary to stay overnight at Muzdalifah and to pray Fajr there, they say, "We ask." So when they ask, the one answering gives them a fatwa that you should slaughter a sacrificial animal.

The Shaykh : Meaning a fidyah.

The questioner : Yes, and in this way the Hajj is valid. How valid is this scenario, in which many people fall into this, and we would like to hear this tape for many of those who fall into it.

The Shaykh : Subhan Allah! This is a double error. First, in dropping what the previous hadith indicated, regarding the pillar status of the overnight stay, or rather the prayer of Fajr at Muzdalifah. So when they give a fatwa that this overnight stay or prayer at Muzdalifah can be dispensed with, they have contradicted his saying (peace and blessings be upon him) first. Then, when they make the fidyah obligatory for their neglect of this pillar, or even if we assume for the sake of argument their claim that it is obligatory and not a pillar, there is first no prescription for people to replace the lesser with what is better, to establish the fidyah in place of the overnight stay at Muzdalifah. Then, before that, I think you noticed I said "replace the lesser with what is better"; because there is a great difference between a person who made a mistake and they made a fidyah obligatory on him, and justifying for him that he should make a mistake so that he can pay a fidyah. Do you see? So the matter has precision. The error here is thus triple. First: they made what is a pillar merely obligatory. Second: they justified leaving the obligatory by offering the fidyah in advance. Third: if a person made a mistake and did not intentionally leave the overnight stay, where did the fidyah come from? Is that clear?

The questioner : Okay, yes, is the pillar status in the prayer or in the overnight stay?

The Shaykh : No, it is Fajr.

The questioner : .

The Shaykh : Yes, exactly.

The questioner : Our Shaykh, the one who left on the night of 'Arafah and slept at 'Arafah, and after descending from 'Arafah went to al-Mash'ar al-Haram and did not stay overnight there, and went to Mina, and on the morning of the second day, went to throw the first Jamarat al-Aqabah after the dawn, likewise the second day after the dawn, likewise the third day after the dawn or with the dawn.

The Shaykh : Darkness upon darkness.

The questioner : Is his Hajj valid, or does he have something upon him, or does he have to repeat it?

The Shaykh : If someone gave him a fatwa, then the sin is on the one who gave him the fatwa. And if he insisted on his own head, then he must repeat his Hajj.

The questioner : Our Shaykh,Abu Layla : We want to be sure: if he did it intentionally, is his Hajj invalid?

The Shaykh : He laughs, may Allah have mercy on him.
Abu Layla : The one who did not stay overnight at Muzdalifah, is his Hajj valid or invalid, our Shaykh? Let us be sure from your statement.

The Shaykh : What do you want to be sure of? You heard the previous answer. First, start with your friend 'Ali, and then he followed up here with questions in another way. Did we not say that the prayer of Fajr at Muzdalifah is a pillar? Now what are you asking about?
Abu Layla : I am asking about the validity of the Hajj if... any Muslim's Hajj is invalid.

The Shaykh : Yes, the Hajj is invalid.