Adapted from: Fatawa of ‘Ulama-e-Hadith, Kitab al-Salah, Volume 1
✔ Spending the nights of the Days of Tashreeq in Mina is wajib (obligatory).
✔ If a pilgrim misses these nights without a valid excuse, he must offer a “dam” (sacrificial animal) as expiation.
“It is necessary to spend the greater part of the night in Mina.”
[Al-Mawsu‘ah al-Fiqhiyyah, Vol. 17, p. 58]
Fatwa by Shaykh Ibn Baz رحمه الله:
“If someone is unable to spend the nights in Mina during the Days of Tashreeq due to a legitimate excuse, then no expiation (dam) is required.”
Supporting Verse:
“Fear Allah as much as you are able.”
[Surah at-Taghabun: 16]
“Whoever deliberately skips spending the nights in Mina during the Days of Tashreeq without a valid excuse must offer a dam. Scholars have agreed that this is one of the obligations of Hajj, and neglecting it entails compensation.”
Evidence for Dam:
Narration of Ibn Abbas رضي الله عنهما:
“Whoever omits or forgets an obligatory act should offer a sacrifice.”
[Majmu‘ Fatawa Shaykh Ibn Baz, Vol. 5, p. 182]
[Fatawa al-Lajnah ad-Da’imah, Vol. 11, p. 281]
Then this counts as a valid excuse, and no expiation is required, as this was beyond their control.
If he missed it due to an unavoidable reason, such as logistical constraints or mismanagement, then no expiation is required, as it falls under the category of hardship beyond one’s ability.
❖ Question:
Is it mandatory to spend the nights of the Days of Tashreeq (11th, 12th, and 13th Dhul-Hijjah) in Mina? What is the ruling if someone fails to do so? This year, Pakistani pilgrims had tents outside Mina in Muzdalifah. What is the ruling for them?❖ Ruling According to the Majority of Scholars:
The majority of fuqaha (Islamic jurists) state that:✔ Spending the nights of the Days of Tashreeq in Mina is wajib (obligatory).
✔ If a pilgrim misses these nights without a valid excuse, he must offer a “dam” (sacrificial animal) as expiation.
“It is necessary to spend the greater part of the night in Mina.”
[Al-Mawsu‘ah al-Fiqhiyyah, Vol. 17, p. 58]
❖ Details Regarding Not Spending the Nights in Mina:
① When there is a valid excuse:
Examples:- Illness
- Inability to find space in Mina
- Duties related to serving pilgrims (e.g. water providers, shepherds, logistical workers)
Fatwa by Shaykh Ibn Baz رحمه الله:
“If someone is unable to spend the nights in Mina during the Days of Tashreeq due to a legitimate excuse, then no expiation (dam) is required.”
Supporting Verse:“Fear Allah as much as you are able.”
[Surah at-Taghabun: 16]
② When there is no valid excuse:
Fatwa by Shaykh Ibn Baz رحمه الله:“Whoever deliberately skips spending the nights in Mina during the Days of Tashreeq without a valid excuse must offer a dam. Scholars have agreed that this is one of the obligations of Hajj, and neglecting it entails compensation.”
Evidence for Dam:
Narration of Ibn Abbas رضي الله عنهما:
“Whoever omits or forgets an obligatory act should offer a sacrifice.”
❖ How to Offer the Dam (Expiation):
- The animal (usually a sheep or goat) must be slaughtered in Makkah.
- Its meat should be distributed among the poor and needy of Makkah.
[Majmu‘ Fatawa Shaykh Ibn Baz, Vol. 5, p. 182] [Fatawa al-Lajnah ad-Da’imah, Vol. 11, p. 281]❖ Specific Case: Pakistani Tents in Muzdalifah:
If Pakistani pilgrims had tents in Muzdalifah instead of Mina due to:- Non-availability of space in Mina
- Logistical or administrative constraints
Then this counts as a valid excuse, and no expiation is required, as this was beyond their control.❖ Conclusion:
If a pilgrim intentionally and without a valid excuse did not stay in Mina during the prescribed nights, he must offer a dam (sacrificial animal).If he missed it due to an unavoidable reason, such as logistical constraints or mismanagement, then no expiation is required, as it falls under the category of hardship beyond one’s ability.
