What is the jurisprudential ruling on not spending the night in Mina on the first night of the Days of Tashreeq and returning to it two hours before Fajr? And does anything become incumbent upon the pilgrim in this case?
Scholars have differed regarding the ruling on spending the nights of Tashreeq in Mina, whether it is obligatory () or a . The majority of scholars hold it to be obligatory, citing the action of Umar ibn al-Khattab (may Allah be pleased with him), and arguing that the permission granted to Al-Abbas (may Allah be pleased with him) indicates that the original ruling is obligation. Those who consider it a Sunnah cite the actions of Ibn Abbas, Al-, and Abu Hanifah. The preponderant view is that spending the night is obligatory, and whoever fails to do so must offer a dam (sacrificial animal). If one misses part of it, according to the Shafii and Hanbali schools, one must give a mudd of food. The dam is a sheep to be slaughtered within the Sacred Precinct () and distributed to its poor.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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