Ruling on Where to Spend the Night if No Space is Found in Mina
Source: Fatāwā Arkān al-Islām
If a person arrives in Mina at night and finds no space, then spends half the night there and afterwards goes to the Haram, what is the Islamic ruling regarding this?
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
The ruling in this case is as follows:
✿ Although such an act is permissible, it is not preferable.
✿ A pilgrim should spend the nights and days of Ayyām al-Tashrīq (11th, 12th, and 13th Dhul-Ḥijjah) in Mina.
✿ If a pilgrim cannot find space in Mina, he should:
❀ Settle near the last tent, even if that place is outside Mina’s boundaries;
❀ This is conditional on the pilgrim having made a full effort to find a place in Mina but failing to do so.
✿ Some contemporary scholars say:
❀ If a person cannot find space in Mina, the obligation to spend the night there is waived;
❀ Such a person may spend the night in Makkah or elsewhere.
✿ These scholars make an analogy:
❀ Just as if a limb required for wudu is absent, washing it is waived;
❀ Likewise, if a pilgrim finds no space in Mina, the obligation to spend the night there is also waived.
✿ This analogy is questionable because:
❀ In the case of wudu, the limb itself is absent, so washing is impossible and thus waived;
❀ But here, Mina is present, and the purpose of spending the night there is:
◈ For all pilgrims to unite as one Ummah;
◈ To manifest unity and togetherness.
✿ Therefore, if a pilgrim cannot find space in Mina, he should:
❀ Spend the night near the last tent;
❀ So that he remains with the other pilgrims and partakes in the collective environment.
✿ This is like when:
❀ A mosque runs out of space, so worshippers form rows in the surrounding areas;
❀ The aim is for all to remain as one congregation.
✿ This analogy fits spending the night in Mina;
✿ The analogy of an amputated hand is incorrect because in that case the limb itself does not exist.
ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
Source: Fatāwā Arkān al-Islām
Question
If a person arrives in Mina at night and finds no space, then spends half the night there and afterwards goes to the Haram, what is the Islamic ruling regarding this?
Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
The ruling in this case is as follows:
✿ Although such an act is permissible, it is not preferable.
✿ A pilgrim should spend the nights and days of Ayyām al-Tashrīq (11th, 12th, and 13th Dhul-Ḥijjah) in Mina.
What to Do If No Space is Found in Mina
✿ If a pilgrim cannot find space in Mina, he should:
❀ Settle near the last tent, even if that place is outside Mina’s boundaries;
❀ This is conditional on the pilgrim having made a full effort to find a place in Mina but failing to do so.
Opinion of Some Scholars
✿ Some contemporary scholars say:
❀ If a person cannot find space in Mina, the obligation to spend the night there is waived;
❀ Such a person may spend the night in Makkah or elsewhere.
✿ These scholars make an analogy:
❀ Just as if a limb required for wudu is absent, washing it is waived;
❀ Likewise, if a pilgrim finds no space in Mina, the obligation to spend the night there is also waived.
Critique of This Analogy
✿ This analogy is questionable because:
❀ In the case of wudu, the limb itself is absent, so washing is impossible and thus waived;
❀ But here, Mina is present, and the purpose of spending the night there is:
◈ For all pilgrims to unite as one Ummah;
◈ To manifest unity and togetherness.
Better Course of Action
✿ Therefore, if a pilgrim cannot find space in Mina, he should:
❀ Spend the night near the last tent;
❀ So that he remains with the other pilgrims and partakes in the collective environment.
Clarification by Example
✿ This is like when:
❀ A mosque runs out of space, so worshippers form rows in the surrounding areas;
❀ The aim is for all to remain as one congregation.
✿ This analogy fits spending the night in Mina;
✿ The analogy of an amputated hand is incorrect because in that case the limb itself does not exist.
ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
