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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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He also says in his letter that after I arrived in Makkah, I stayed in al-Abtah, and I want to go to Mina, but I am afraid of not finding a place. So, if...

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The questioner : He also says in his letter that after I arrived in Makkah, I stayed in al-Abtah, and I want to go to Mina, but I am afraid of not finding a place. So, if I stay in Muzdalifah or 'Arafah on the eighth day, and after returning from 'Arafah, is that permissible for me or not?

The Shaykh : Staying in Mina from the eighth day until the morning of the ninth day is a recommended practice (sunnah).

The questioner : Yes.

The Shaykh : It is not obligatory, because the Prophet (peace and blessings be upon him) said to 'Urwah ibn al-Mudarris, when he met him in Muzdalifah:
Whoever attends this Salat of ours, and stays here with us until departing, while he has stood during the night or the day before that at Arafat, then he has completed his Hajj and fulfilled his Tafath. من شهد صلاتنا هذه، ووقف معنا حتى ندفع، وقد وقف بعرفة قبل ذلك ليلاً أو نهاراً، فقد تم حجه وقضى تفثه
Jami` at-Tirmidhi 891Sahih (Darussalam)
He did not mention staying overnight in Mina on the night of the ninth. So, if you do not find a place in Mina on that day and you stay in Muzdalifah, or in 'Arafah, or in al-Abtah, there is no blame on you.

The questioner : Yes.

The Shaykh : But strive to find a place, because if you do not find a place on that day, the eighth day, it is even more likely that you will not find a place on the day of the festival and the days after it.

The questioner : Yes.

The Shaykh : Therefore, a person should be cautious for himself in this matter.

The questioner : Yes.

The Shaykh : Yes.

The questioner : He is also asking because he says, "And after returning from 'Arafah, is that permissible for me or not?"

The Shaykh : It is not permissible for you after returning from 'Arafah except to be in Mina, because the Prophet (peace and blessings be upon him) stayed there and did not grant a dispensation to anyone to leave it, except for shepherds or water carriers.

The questioner : Yes.

The Shaykh : It is obligatory for the pilgrim after returning from 'Arafah and Muzdalifah to remain in Mina and stay overnight there, and it is not permissible for him to neglect that.

The questioner : Yes.

The Shaykh : But if he does not find a place in Mina and makes a sincere and thorough search but finds none, there is no blame on him if he stays with the last of the people, wherever they reach, even if they reach Muzdalifah or beyond Muzdalifah, and he stays with them at the end, so that he is with the pilgrims; then there is no blame.
Some people have said that if you do not find a place in Mina, there is no blame on you if you stay overnight in Makkah or wherever you wish, because the obligation of staying in that place has fallen due to difficulty, so the obligation has fallen, just as if a person's hand is cut off above the wrist, the obligation to wash it falls. But we say: what we see in this issue is that it is obligatory for him to be with the last of the people so that the appearance of the pilgrims is one. This is analogous to a person who comes to the mosque and finds that the people have filled the mosque; he prays in the market, in the street around the mosque, so that the people remain connected to one another. The street has a great consideration in the gathering of people for worship and their not being scattered.

The questioner : Yes.

The Shaykh : Yes.

The questioner : We received a letter from the listener Fathi Muhammad Mu'min from the Arab Republic of Egypt, Matruh Governorate, As-Salum.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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