Explanation of the Book of Hajj-08b

The reciter: Abdullah ibn Abi al-Aswad narrated to us, Abu Dhamrah narrated to us, Ubaydullah narrated to us from Nafi' from Ibn 'Umar (may Allah be pleased with them both), who said:

The Shaykh : And his saying: indicates that in the Sacred Mosque there are people who need water, and these people are either not pilgrims, or they are excused, or they are in Makkah at the beginning of the night and in Mina at the end of it, or vice versa. And in his saying: some scholars derived the proof that spending the nights of the days of Tashriq in Mina is obligatory, but it is not explicit in this, because seeking permission may be for a prescribed matter that is not obligatory, so that it is not said that the man lagged behind the Messenger of Allah (peace and blessings be upon him and his family). So this cannot be an indication of obligation, because permission may be for a recommended matter, or even for a permissible matter. This issue, which I mean spending the night in Mina, spending the night in Mina before 'Arafah is a recommended practice, and there is no doubt in it; its evidence is the hadith of 'Urwah ibn al-Muththir (may Allah be pleased with him). Regarding the nights of Mina, the scholars differed; some said that spending the night is a recommended practice, and some said that it is not a recommended practice. There is no clear evidence indicating obligation, except that one might cling to the saying of the Exalted: because His saying "whoever hastens in two days, there is no sin upon him" means that whoever leaves it is sinful. But if he leaves one of the nights, is a sacrificial animal obligatory upon him? The answer is: No, even though some scholars said so, but the correct view is that a sacrificial animal is not obligatory in it. For one night, it is obligatory as narrated from Imam Ahmad, a handful of food or something similar. But if he leaves both nights, then it is said that he left a complete act of worship, so a sacrificial animal is upon him according to the view of those who see the obligation of a sacrificial animal for leaving an obligatory act. Al-Abbas's provision of water: was he providing it for a price or voluntarily? The latter. And they took pride in serving the pilgrims, so they did it voluntarily. People in the past, whom we knew, used to sell Zamzam water in the middle of the Haram; you would find him going around the people with a clay vessel, pouring it into a cup, and when you drank, he would say "Come, pay," taking a qirsh or two qirshes depending on what you drank. But praise be to Allah, the government, may Allah guide them, has provided Zamzam water fully, and there was no fee or anything. Otherwise, it became difficult for the scholars at that time: is it permissible for a person to drink while knowing that the one providing water needs a fee? Like the one who washes clothes; you give him your garment and you know that he will take a fee from you because that is his custom. This one also pours water on you and you know that he will take a fee from you. Some scholars said: No, it is not permissible, because this is a fee in the middle of the mosque. And some said that it is permissible out of dire necessity, because a person may be thirsty.