Fatwas of Hajj : Mina

• In Mina until midnight then leaves for Makkah and does not return until after Fajr

Question: What is the ruling regarding one who remains in Mina until midnight, then leaves for Makkah and does not return until after Fajr?  

Answer : If the time is midnight, then that is the middle of the night in Mina and in that case there is no harm in leaving Minaa after this time, even though it is better to remain in Minaa the day and night. However, if the time is midnight before the middle of the night, then do not leave because the condition for remaining in Minaa is to spend most of the night there as has been mentioned by our Fuqaha.

• How should one whose tent was outside Mina hasten on?

Question: There are pilgrims whose luggage and tents were within the boundaries of Muzdalifah, and they could not find any room in Mina. What should they do when they want to hasten on? Can they depart from where they are at any time if they have stoned the Jamaraat before Maghrib? What is the case with regard to those who stayed in other parts of Makkah, with regard to hastening on?.

Answer: The pilgrims who are camped in Muzdalifah in the camp that contains the overflow from Mina come under the same ruling as those who are in Mina. If they want to hasten on, they should leave their places before Maghrib. It is permissible for them to leave if they have prepared to leave before Maghrib and are delayed by the crowds, as is the case with the people of Mina if they prepare to leave and resolve to do so but are delayed by the crowds.

As for those who stayed in various parts of Mina, such as some areas of Makkah, because they cannot find any room in Mina, it is sufficient for them to have the intention of hastening on, but they should have stoned the Jamaraat and left the boundaries of Mina before Maghrib. If they are delayed by the crowds, they may still hasten on as stated above.

Shaykh ‘Abd-Allah ibn ‘Abd al-Rahmaan al-Jibreen

• For how long is it obligatory to stay in Mina after offering the sacrifice?

Question: For how long is it is obligatory to stay in Mina after offering the sacrifice? There is a verse concerning that which says (interpretation of the meaning): “But whosoever hastens to leave in two days, there is no sin on him and whosoever stays on, there is no sin on him, if his aim is to do good and obey Allaah (fear Him), and know that you will surely be gathered unto Him” [al-Baqarah 2:203].

Answer: The period for which the pilgrim must stay in Mina after the day of Sacrifice is two days, namely the 11th and 12th of Dhu’l-Hijjah. As for the 13th day of Dhu’l-Hijjah, he is not obliged to spend it in Mina, and he is not obliged to stone the Jamaraat on that day; rather it is mustahabb only. But if the sun sets on the 12th and he is still in Mina, then he must spend the night before the 13th there and then stone the three Jamaraat after the sun passes the meridian.
With regard to the meaning of what is mentioned in the verse: whoever hastens to leave Mina after spending two nights there following the day of Sacrifice and after stoning the three Jamaraat on the 11th and 12th, there is no sin on him and he does not have to offer a sacrifice, because he has done what was required of him. But whoever tarries in Mina and stays there overnight on the night before the 13th and stones the three Jamaraat on the 13th, there is no sin on him either; rather his staying overnight in Mina on this night and his stoning the Jamaraat on this day is better and brings a greater reward, because the Prophet (blessings and peace of Allah be upon him) did that. Moreover, Allah ends this verse with encouragement to fear Him and believe in the Last Day, with its reckoning and reward or punishment, so that this reminder of the Hereafter will be a motive to do a lot of righteous deeds and to avoid evils, hoping for the mercy of Allah and fearing His punishment.
And Allah is the source of strength; may Allah send blessings and peace upon our Prophet Muhammad and his family and Companions. End quote.

Standing Committee for Academic Research and Issuing Fatwas.
Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ibn Munayyi’

• If a muta’ajjil (pilgrim who hastened on or left early) returns to Mina, is he still regarded as a muta’ajjil?

Question: We stoned the jamaraat on the twelfth day (of Dhu’l-Hijjah), then we left Mina before sunset, intending to leave early. Then we returned to Mina in order to do some things. Are we regarded as having left early or do we have to stay overnight and stone the jamaraat again?

Answer : You are still regarded as having left early, and you do not have to stay overnight or stone the jamaraat again after having left early.

Question: If the pilgrim leaves Mina before sunset on the twelfth day with the intention of hastening on and he has some work in Mina to which he will come back after sunset, is he regarded as having hastened on?

Answer: Yes, he is regarded as having hastened on because he has finished Hajj, and his intention to return to Mina to do some work does not mean that he cannot hasten on, because his intention was to come back for that work, not to come back for Hajj rituals.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

Al-Hajj wa’l-‘Umrah, question no. 10.

• Regarding expanding Mina
  

Question: Is it possible to expand Mina, so that it will be big enough for all the pilgrims? Because many pilgrims cannot find any space in Mina.

Answer: The places and times of Hajj are clearly defined by the Lawgiver and there is no room for ijtihaad. The Messenger of Allah (blessings and peace of Allah be upon him) did the Farewell Pilgrimage in which he said: “ Learn from me your rituals of Hajj, for perhaps I may not meet you again after this year.” And he explained in it the times and places.
The boundaries of Mina are: Waadi Muhassir as far as Jamrat al-‘Aqabah. So the person who does Hajj must look for a place that is within the boundaries of Mina; if he cannot get a spot, he may stay in the nearest place to Mina, and there is no penalty on him.
And Allah is the source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote.

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd al-Razzaaq al-‘Afeefi

Fataawa al-Lajnah al-Daa’imah, 11/265

• If a person stays outside Mina and the sun sets on the second day, does he have to hasten (to depart)?

Question: If a person stays in al-‘Azeeziyyah in Makkah al-Mukarramah during the days of al-Tashreeq because he is unable to stay in Mina, and the sun sets on the second of the days of al-Tashreeq, does he have to stay where he is until the sun passes the meridian on the third day, like the people in Mina, or not?.

Answer: There is no blame on those who stay in al-‘Azeeziyyah or Muzdalifah or other places outside of Mina if they cannot find a place to stay in Mina during the days of Hajj. If the sun sets on the twelfth day for those who are in al-‘Azeeziyyah and elsewhere, they do not have to stay where they are until the thirteenth day. Likewise, you do not have to stone the Jamaraat on the thirteenth day.
And Allah is the source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote.

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd al-Razzaaq al-‘Afeefi

• Can the pilgrim go out from Mina to al-Taa’if and come back to perform the farewell tawaf after the crowds have dispersed?

Question: Is it permissible for the pilgrim during the days of Mina to go to al-Taa’if and after twenty days come back to do the farewell tawaaf?.
Praise be to Allaah.

Answer: It is not permissible for the one who does Hajj to the Sacred House to travel before he has completed the actions and rituals of Hajj, which include the farewell tawaaf.
And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote.

Standing Committee for Academic Research and Issuing Fatwas
Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan.