Is the ruling extended by analogy to those who are excused from staying overnight outside Mina, such as the water carriers, to others, such as merchants?
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The questioner : His EminenceThe Shaykh : The Messenger of Allah (peace and blessings be upon him) excused some people from staying overnight outside Mina, such as the water carriers and others, but who is extended by analogy to them in the present time?
Who is extended by analogy to those who are excused? Are they the merchants?
The Shaykh : 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. Those who leave off staying overnight to look after the interests of the people, such as doctors, traffic police, firemen, and the like, are similar to these people. They are not required to stay overnight because the people need them. As for those who have a specific excuse, such as a sick person and his nurse, and the like, are they included with these people? There are two opinions among the scholars: some say that they are included because of the presence of the excuse, and some say that they are not included, because the excuse of these people is specific, whereas the excuse of those people is general. What appears to me is that those with excuses are included with these people, such as a sick person who needs to be hospitalized on these two nights, the eleventh and twelfth. There is no blame on him and no expiation, because this is an excuse.
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, meaning: its obligation is not of that compelling nature. So much so 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 charity, meaning: ten riyals or five riyals, according to his circumstances.
The questioner : The merchants?
The Shaykh : No, the merchants; these are private interests, and they are not an excuse. But it is possible to say: the owners of bakeries whom the people need may be included with these people.
Who is extended by analogy to those who are excused? Are they the merchants?
The Shaykh : 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. Those who leave off staying overnight to look after the interests of the people, such as doctors, traffic police, firemen, and the like, are similar to these people. They are not required to stay overnight because the people need them. As for those who have a specific excuse, such as a sick person and his nurse, and the like, are they included with these people? There are two opinions among the scholars: some say that they are included because of the presence of the excuse, and some say that they are not included, because the excuse of these people is specific, whereas the excuse of those people is general. What appears to me is that those with excuses are included with these people, such as a sick person who needs to be hospitalized on these two nights, the eleventh and twelfth. There is no blame on him and no expiation, because this is an excuse.
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, meaning: its obligation is not of that compelling nature. So much so 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 charity, meaning: ten riyals or five riyals, according to his circumstances.
The questioner : The merchants?
The Shaykh : No, the merchants; these are private interests, and they are not an excuse. But it is possible to say: the owners of bakeries whom the people need may be included with these people.