All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad.
Scholars have differed as regards the ruling on spending the night in Mina during the days of Tashreeq. There are two views in this regard:
First: It is obligatory according to the majority of Muslim scholars, and a pilgrim who fails to do it is obligated to slaughter a sacrificial animal and distribute it amongst the poor people of Mecca. In fact, the Hady offered in Quiraan, or tamatu` doesn’t avail a pilgrim from offering another sacrificial animal. The proof of this is what was reported by Muslim after Jabir`s long Hadith concerning the description of the Prophet`s Hajj.
They have also arrived at this view through the Prophet`s exemption to Al-Abbass not to spend the night in Mina so as to supply water to pilgrims.{As narrated by Bukhari (1745).
Ibn Hajar (May Allah have mercy on his soul) said: “ The above Hadith proves that spending the night in Mina is obligatory, and that it is ritual of Hajj because the exemption indicates that spending the night in Mina is obligatory, and it was given for the above reason, so had it not been for the above reason, it wouldn`t have been granted.” Please refer to {Fatih Al-Bari}.
However, sick people who aren`t able to spend the night in Mina are exempted from this ruling, so they are neither required to spend the night in Mina, nor offer a sacrificial animal.
Spending the night in Mina means spending most of the night hours there, then leaving, and this is what most pilgrims do these days due to over-crowdedness.
Al-Khatib Ash-Shirbini said: “ A pilgrim who doesn`t spend the night in Mina all the days of Tashreeq is obligated to offer a sacrificial animal.
The same ruling applies to the pilgrim who doesn`t spend the night in Muzdalifah. A Mudd (measure) of food is to be offered for not spending one night, and two for not spending two nights.” {Moghni Al-Mohtajj}.
Therefore, a pilgrim who didn`t spend the night in Mina during the three days of Tashreeq is obligated to offer a sacrificial animal, but the one who didn`t spend the night in Mina for one day of Tashreeq is obligated to give one Mudd of food for charity, and two Mudds for two days. Mudd equals (600) grams of wheat, or rice, or giving their value in cash. But, if he didn`t spend the night in Mina at all, then he is obliged to offer a sacrificial animal.
Second: Spending the night in Mina is from the Sunnah, and nothing is due on the pilgrim who didn`t perform it, this is the opinion of the Hanafite school of thought.
It was stated in Al-Khassani`s { Bada`o Ass-Sanae} : “ Going back to Mina is from the Sunnah because the Prophet {PBUH} did so. It is disliked for a pilgrim to spend the night in a place other than Mina during the days of Tashreeq, but if he did, then he is free from the liability. And Allah Knows best.
