بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

اَلْحَمْدُ لِلّهِ رَبِّ الْعَالَمِيْن،وَالصَّلاۃ وَالسَّلامُ عَلَی النَّبِیِّ الْکَرِيم وَعَلیٰ آله وَاَصْحَابه اَجْمَعِيْن۔

Is it permissible to spend the night in the tents of Muzdalifah during Hajj?

All the scholars are unanimously agreed that staying in Mina on 8th of Dhull-Hijjah and observing Zuhr,Asr and Maghrib prayers,and then spending night and observing Fajr prayer thereon 9th of Dhul-Hijjah are neither obligatory(Fardh) nor necessary(wajib) but Sunnah for pilgrims. Thus, if someone fails to perform any of these acts, no scarifies is required.

Going Mina on 8th of Dhul-Hijjah after the rising of Sun is Sunnah. But Due to the large crowed of the people, the Hajj instructors bring the pilgrims to Mina on the night that comes after 7th of Dhul-Hijjah. The pilgrims should accompany these instructors going to Mina.

If the tents were allotted to them in Muzdalifah, not in Mina, they should stay there, and no sacrifice would be required in this case.

All the pilgrims are required to offer salah at their fixed time, immerse themselves in remembrance of Allah, recite the holy Quran, make prayers, invoke Allah and chant talbiyah, the anthem of Hajj.They should not waste their time in chatting with others. In this duration they should avoid spicy food and prefer fruits and water instead.

The jurists and scholars have different opinions that having been returned from Muzdalifah, whether it is wajib(necessary) or Sunnah to spend the night that comes after 11th and 12th of Dhul-Hijjah, at Mina. Abu Hanifah and other jurists are of the opinion that spending night at Mina during the Days of Tashreeq is not necessary but Sunnah.

Due to the lack of space, tents are also set up in Muzdalifah. Andalarge number of pilgrims stay there.  If you are allotted a tent in Muzdalifah, and not in Mina, it would be better to stay there.  And in this case no sacrifice would be required. Abbas bin Abdul Muttalib asked the permission of Allah’s messenger to let him stay in Makkah during the nights of Mina in order to provide the pilgrims with water to drink, so the Prophet(peace and blessings be upon him) granted permission. [Sahih Bukhari and Sahih Muslim].

The permission to spend night in Makkah granted to Abbas bin Abdul Muttalib (may Allah be pleased with him) and other companions is a clear proof that spending night in Mina during the days of Tashreeq is Sunnah not wajib (necessary). As Abdullah bin Abbas (may Allah be pleased with him) said: “After stoning jamraat, stay wherever you want”. [Musannaf ibn Abi Shaibah].

And there is no solid proof to make it wajib (necessary). In their second ruling Al-Shafi' and Ahmad bin Hambal are of the view that spending night in Mina during the days of Tashreeq is Sunnah not Wajib (necessary).

Other jurists and scholars, including Al-Shafi’, Ahmad bin Hambal and Malik (RHA) opine that spending night in Mina during the days of Tashreeq is Wajib (necessary) and its ignorance necessities animal sacrificing.

But in the entire collection of narrations, no single narration is found that supports the view of making Mina stay at night during the days of Tashreeq, necessary or Wajib, and in case of abandoning this rule, necessitates animal sacrificing.

Although, some of the narrations have been cited to prove this act a necessary one: As the prophet (peace and blessings be upon him) said: “Learn your Hajj rituals from me”. And the prophet (peace and blessings be upon him) stayed in Mina with his companions. And the permission granted to Abdullah bin Abbas and some of the companions to spend the night in Makkah, was amere need.

In the absence of clear instructions from the prophet (peace and blessings be upon him) and his companions, regarding the necessity of spending the night in Mina, the scholars and jurists differ in opinion over how much time one must spend in Mina at night. Some of the scholars, making it analogous to the night of Muzdalifah said:“If someone, having reached at Mina, offered Fajr Salah, he would be discharged of the duty of spending the night at Mina”.

But other scholars are of the view that like Muzdalifah where the women and elderly people are permitted to leave for Mina, provided they spent most of the night in Muzdalifah, likewise they have to spend most of the night in Mina. Otherwise they will be required to sacrifice animal.

But the safest view is that, due to the absence of clear instructions from the prophet(peace and blessings be upon him) making the night stay in Mina compulsory isdebatable.

Due to the increasing number of the pilgrims, the government of Saudi Arabia, keeping in view the stand taken by a number of scholars along with Abu Hanifah, a famous scholar and jurist who was born in the 80th year of hijrah, has ordered to erect a number of tents in Muzdalifah, where pilgrims stay during their stay in Mina.  Thirteen hundred years ago, Abu Hanifah,  had opined, in the light of sharia evidences, that spending night in Mina during the days of Tashreeq is not necessary (wajib) but Sunnah.

Nowadays some people call the space, where these tents are erected, the Mina Extension. However, the prophet (peace and blessings be upon him) set the boundaries of Mina himself by Allah’s order and no one has the power to extend them.

In brief, if one can acquire a tent in Mina, as the local pilgrims have a choice to acquire such tent in Mina instead of Muzdalifah, for which an online registration with this option and the payment of some extra fee are required, and they can pay it too, they should acquire the tent in Mina. But the pilgrims of other countries donot have such a choice. And if the local pilgrims are not so financially strong to pay this extra fee, they can also stay in their tents in Muzdalifah.

If a pilgrim has a tent in Mina, but he is not able to spend the night there because of tawafal‑'ifadah' and Sa’i, no sacrifice is required in this case.

Those pilgrims who have their tents in Muzdalfah can spend the night in their tents, having been returned from Arafat, but it would be better to spend the night in open ground, following the prophet (peace and blessings be upon him).


Mohammad Najeeb Qasmi (http://www.najeebqasmi.com/)