1. The night following 10 Dhul-Hijjah and the night following 11 Dhul-Hijjah must be spent in Mina. If the sun sets on 12 Dhul-Hijjah while one is still in Mina, then the night following 12 Dhul-Hijjah must also be spent in Mina. One must leave Mina after performing the stoning on 13 Dhul-Hijjah.
2. Since pilgrims are required to spend the nights of Tashriq in Mina, those pilgrims who have gone to Makkah to perform Tawaf al-Ifadah and Sa‘i must return to Mina after completing Tawaf and Sa‘i.
3. It should be remembered that spending the night in Mina is an important act of worship. In fact, according to the correct opinion, it is wajib. ‘A’ishah (ra.) said:
“أَفَاضَ رَسُولُ اللَّهِ صلى الله عليه وسلم مِنْ آخِرِ يَوْمِهِ حِينَ صَلَّى الظُّهْرَ ثُمَّ رَجَعَ إِلَى مِنًى فَمَكَثَ بِهَا لَيَالِىَ أَيَّامِ التَّشْرِيقِ”
“The Messenger of Allah (peace and blessings of Allah be upon him) returned to Mina after performing the Zuhr prayer in al-Masjid al-Haram and completing Tawaf al-Ziyarah, and he spent the nights of Tashriq in Mina.”[1]
4. The Messenger of Allah (peace and blessings of Allah be upon him) permitted ‘Abbas (ra.) to spend the nights of Mina in Makkah in order to provide Zamzam water to the pilgrims, and he permitted those responsible for the camels to spend the nights outside Mina. This granting of permission indicates that spending the nights of Mina in Mina is wajib.
5. It is narrated from Ibn ‘Umar (ra.) that he said:
“أَنَّ عُمَرَ كَانَ يَنْهَى أَنْ يَبِيتَ أَحَدٌ مِنْ وَرَاءِ الْعَقَبَةِ ، وَكَانَ يَأْمُرُهُمْ أَنْ يَدْخُلُوا مِنًى.”
“‘Umar (ra.) used to prohibit spending the night beyond ‘Aqabah—outside Mina—and would instruct people to enter Mina.”[2] Another narration states that ‘Umar (ra.) would punish anyone who did not spend the night in Mina.[3]
It is narrated from Ibn ‘Abbas (ra.) that he said:
“لاَ يَبِيتَنَّ أَحَدٌ مِنْ وَرَاءِ الْعَقَبَةِ لَيْلاً بِمِنًى أَيَّامَ التَّشْرِيقِ.”
“None of you should spend any night of the Days of Tashriq beyond ‘Aqabah, outside Mina.”[4]
It is stated in the book I‘la al-Sunan:
وَدَلاَلَةُ الأَثْرِ عَلَى لُزُوْمِ الْمَبِيْتِ بِمِنَى فِي لَيَالِيْهَا ظَاهِرَةٌ، وَقَدْ تَقَدَّمَ أَنَّ ظَاهِرَ لَفْظِ الْهِدَايَةِ يُشْعِرُ بِوُجُوْبِهَا عِنْدَنَا
“The wording of the hadith is clear regarding the obligation of spending the night in Mina. It has also been mentioned previously that the apparent wording of al-Hidayah[5] describes spending the night in Mina as wajib according to our view.”[6]
Therefore, the relied-upon opinion of the Hanafi madhhab is that staying outside Mina during the Days of Tashriq is makruh tahrimi.[7]
In short, according to the correct opinion, it is wajib for pilgrims to spend the nights in Mina. Therefore, remain in Mina on those days with the utmost care. According to the scholars, if a pilgrim does not spend any of the nights in Mina, it will be wajib for him to offer a dam. If he spends some nights in Mina and some nights elsewhere, he will be sinful. In that case, he must give some sadaqah. As far as possible, remain in Mina during the daytime as well, because the Messenger of Allah (peace and blessings of Allah be upon him) also spent the days of Tashriq in Mina.
6. Needless to say, spending the night in Mina means remaining within the boundaries of Mina during the night. It does not mean that one must only sleep or lie down. Therefore, if one remains seated while performing salah, making du‘a or dhikr, or conversing, the requirement of spending the night will still be fulfilled. Spending most of the night or half of the night there will fulfil the requirement of spending the night.
This ruling applies to those for whom staying in Mina is easy and who have been provided with tents. As for those who have not been provided with tents in Mina and whose tents instead fall within the boundaries of Muzdalifah, if their tents are adjoining the tents of Mina, then staying in their own tents will fulfil the requirement of spending the night in Mina.
[1] Abu Dawud: 1683.
[2] Ibn Abi Shaybah: 14368.
[3] I‘la al-Sunan: 7/3195.
[4] Ibn Abi Shaybah: 14367.
[5] The name of a famous book of Hanafi jurisprudence.
[6] I‘la al-Sunan: 7/3195. (تَرْكُ الْمُقَامِ بِهَا مَكْرُوْهٌ تَحْرِيْمًا)
[7] Ibid.