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Section I: Spending the Night in Mina during the Nights of Tashreeq

Firstly: The Ruling of Spending the Night in Mina during the Nights of Tashreeq
Spending the night in Mina during the nights of the Days of Tashreeq [1060] The Days of Tashreeq are the eleventh, twelfth, and thirteenth days of Dhu al-Hijjah. is wajib. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.
Secondly: The Consequences of Omitting the Stay in Mina for a Single Night
One who omits the stay in Mina for a single night is not required to expiate with blood. [1061] Were such a person to give charity, it would be more precatious in that avoids a difference of opinion. This is because some scholars hold that blood is due for omitting the stay during the night of either the eleventh or twelfth without a valid Sharia-compliant excuse. This is a narration from Ahmad. This is the chosen position of Ibn Baz and Ibn `Uthaymin.
Thirdly: The Ruling of Hastening and its Consequences
It is permissible to hasten. Anyone who chooses to hasten is only required to spend two nights in Mina. Such a person is absolved of both spending the night and pelting on the thirteenth. Consensus on this was related by al-Mawardi, Ibn Qudamah, and al-Nawawi.
Fourthly: The Preferability of Staying Back vs Hastening with Respect to Spending the Night in Mina
Staying back until the third of the Days of Tashreeq            is superior. This is the position of the majority: the Hanafis, Shafi`is, and Hanbalis.
Fifthly: The Ruling of Hastening if the Sun Sets while Still in Mina on the Second Night of Tashreeq
If the sun sets while one who has elected to hasten is still in Mina, then they must spend the night and pelt the following day. This is the position of the majority: the Malikis [1062] However, the condition according to Malikis is the intention to depart from Mina before sunset. , Shafi`is, Hanbalis, one narration from Abu Hanifah, and the position of a group of the Salaf.
Sixthly: If the Sun Sets before Departing from Mina
If the sun sets upon one who has elected to hasten out of Mina while one is still passing through and has not yet departed, then it is permissible for one to hasten out of Mina. This is explicitly mentioned by Shafi`i jurists. Ibn `Uthaymin chose this position in the case when one is stuck in traffic.
Seventhly: What Counts as Spending the Night in Mina?
The wajib portion of spending the night in Mina is effected by spending most of the night there. This is the position of the Maliki and Shafi`i (according to the soundest position) schools.
Eighthly: The Non-Requirement of Spending the Night in Mina for those who Provide Pilgrims with Water and Camel Herders
Those who provide pilgrims with water and camel herders are absolved of the requirement to spend the night in Mina. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.
Ninthly: The Ruling of Spending the Night Outside of Mina for Other Reasons
It is permissible to spend the night outside of Mina if one has an excuse other than providing pilgrims with water or camel herding. There is no expiation or sin in such a case. Shafi`is held this position, as did some Hanbalis. This is the chosen position of Ibn Baz and Ibn `Uthaymin.
Tenthly: The Ruling of Spending the Night in Mina for those who Cannot Find an Appropriate Place
Scholars have differed on the ruling of one who cannot find an appropriate place to spend the night in Mina. [1063] A pilgrim must strive to find a place to spend the night in Mina. If they cannot, they are not required to spend the night on the sidewalk or the road. There are two positions:
The first position: It is wajib for such a person to spend the night in the closest place to Mina. This is the position of Ibn `Uthaymin.
The second position: Such a person may spend the night outside of Mina: whether in Muzdalifah, al-`Aziziyyah, or elsewhere. Nothing is due of them. This is the position of Ibn Baz.
Eleventhly: Invocation during the Days of Mina
It is sunnah to make mention of Allah Mighty and Majestic during the days of Mina.


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