What is the ruling on staying overnight outside Mina during Hajj without searching for a place in it where the overnight stay can be fulfilled?
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The questioner : The honorable Shaykh (may Allah preserve him): Some people during Hajj stay outside Mina without making the effort to search for a place in Mina. If they come to Mina at one or two in the morning and spend the night, meaning in the car, passing the time, is this considered staying overnight in Mina, and how is the overnight stay in it fulfilled?
The Shaykh : Staying overnight in Mina on the night of the eleventh and the night of the twelfth of Dhu al-Hijjah is obligatory according to the stronger opinion. The evidence for its obligation is that when the Prophet (peace and blessings be upon him) intended for al-Abbas to descend to Makkah to provide water for the pilgrims, he granted him a dispensation.
The scholars said: The word "dispensation" indicates that the original ruling is obligation, because a dispensation is not mentioned except in contrast to an obligatory matter. Therefore, it is obligatory for a person to search before descending from Muzdalifah. If he does not find a place, he may descend to Muzdalifah and remain there. We do not oblige him to go to Mina and drive around in his car for most of the night, or sit on the sidewalks between the cars, which may be dangerous for him. Rather, we say: If you do not find a place in Mina, sit in Muzdalifah, or more correctly, sit at the end of the tents, and you are not obliged to return to Mina.
The questioner : Shaykh, is he required to do anything if he stayed overnight outside?
The Shaykh : No, he is not required to do anything as long as he searched and did not find a place, then he is not obliged.
The Shaykh : Staying overnight in Mina on the night of the eleventh and the night of the twelfth of Dhu al-Hijjah is obligatory according to the stronger opinion. The evidence for its obligation is that when the Prophet (peace and blessings be upon him) intended for al-Abbas to descend to Makkah to provide water for the pilgrims, he granted him a dispensation.
The scholars said: The word "dispensation" indicates that the original ruling is obligation, because a dispensation is not mentioned except in contrast to an obligatory matter. Therefore, it is obligatory for a person to search before descending from Muzdalifah. If he does not find a place, he may descend to Muzdalifah and remain there. We do not oblige him to go to Mina and drive around in his car for most of the night, or sit on the sidewalks between the cars, which may be dangerous for him. Rather, we say: If you do not find a place in Mina, sit in Muzdalifah, or more correctly, sit at the end of the tents, and you are not obliged to return to Mina.
The questioner : Shaykh, is he required to do anything if he stayed overnight outside?
The Shaykh : No, he is not required to do anything as long as he searched and did not find a place, then he is not obliged.