CHAPTER 16 MABIT IN MINA (Spending the Nights in Mina) Days of Tashriq
1. THE RULING ON MABIT (SPENDING THE NIGHTS) IN MINA ON THE NIGHTS OF TASHRIQ There are two main opinions among the scholars: Consensus of Scholars (Syafie, Maliki and Hanbali Schools of Law) It is among the OBLIGATORY acts of hajj. A pilgrim would be penalised for omitting the act without any valid reason. This is because it is clear that the Prophet (s.a.w) spent the nights in Mina on the days of Tashriq. And he said that: Take from me your rites for the hajj. Therefore all acts of the Prophet are considered obligatory unless otherwise reversed and specified to be a sunnah or other acts. The Hanafi School It is a sunnah (superogatory) act which, if omitted without any valid reason would not be required to pay a penalty/atonement. This opinion is due to the fact that the Prophet (s.a.w) permitted some not spend the nights in Mina. If this act of spending the night in Mina is an obligatory one, these people would certainly be required to pay a penalty. However that was not the case. Another reason why the Prophet spend the nights in Mina is to facilitate the stoning of the 3 pillars on the days of Tashriq. There is also a faction within the Shafie and Hanbali Schools that vouch the act to be a sunnah. CONCLUSION It is an obligatory act to spend the nights of Tashriq in Mina as elucidated by Al Imam Nawawi, and only those who are ill can be exempted. And they would not be penalised. However this exemption is only for the sick and would not apply otherwise. 1.1 THOSE WHO ARE EXEMPTED FROM SPENDING THE NIGHT IN MINA 1. The Person in Charge of Water ε ). Saiyidina Abbas requested from the Prophet (s.a.w) that he be allowed to stay in Makkah on the nights of Tashriq, due to his duty of being in charge of the Water, for which the Prophet acceded to
2. Animal herders On the authority of Asim bin Adi:. Verily the Prophet s.a.w. permitted the animal herders to be exempted from spending the nights in Mina (Hadith reported by Ashabus Sunan and Tirmizi who claim it to be an authentic hadith) 1.2 THE OBLIGATORY LENGTH OF TIME FOR MABIT There are no prescription made by the Schools of Islamic Law except for the Shafi e School which present two main views: 1. The stronger view says that a longer part of the night must be spent in Mina. It stipulates that night begins when the sun sets and ends at the break of dawn. This time when divided by two is approximately 5 hours. Suffice it for the pilgrims to remain in Mina between 5 ½ to 6 hours. 2. The other view is to merely be in Mina before the break of dawn 1.3 THE RULING FOR THOSE WHO OMIT THE ACT OF MABIT IN MINA The Hanafi School : says that no penalty will be levied. It is only viewed as being unmeritorious or improper for omitting a sunnah of the Prophet (s.a.w). The consensus of scholars (Shafi ie, Maliki and Hanbali) deem the act obligatory and prescribed a penalty. However some difference of opinion exist over the matter. The Maliki School : says that the dam (atonement) is necessary if the mabit is left out on a large part of the night or on any one night of more. The Shafie School : says that the dam (atonement) becomes necessary of the mabit is left out on all the three nights. However, in the event that it is left out on only one night, the strongest view prescribes a penalty of one mud (**) and similarly a penalty of two mud (**) is prescribed if the mabit is left out on two nights. There is however no penalty prescribed for those who are ill and unable to carry out the mabit (spend the night) in Mina *. ε
1.4 THE NUMBER OF NIGHTS IN WHICH THE MABIT IS (OBLIGATORY) It is the consensus of the scholars that the pilgrims are given the choice of performing either two or three nights of mabit in Mina. Allah SWT says : ( 203 ) But if anyone hastens to leave (Mina) in two days, there is no blame on him, and if anyone stays on, there is no blame on him if his aim is to do right. (Al-Baqarah: 203) Those who leave Mina on the second day of Tashriq, that is on the 12 th of Zulhijjah is said to practice nafar awwal which means the first departure. Those who leave Mina on the third day of Tashriq that is in 13 Zulhijjah is said to perform nafar thani which means second departure. Which is considered more meritorious Nafar Awwal or Nafar Thani? Nafar thani is considered more meritorious as the Prophet took this option.. ε Verily the Messenger of Allah undertook the nafar (departure from Mina) on the third day (of Tashriq 13 Zulhijjah). As one spend more night and undertakes more stoning, it is therefore more complete and more meritorious that Nafar Awwal. 1.5 CONDITIONS REQUIRED FOR NAFAR AWWAL When a pilgrim leaves Mina after carrying out the stoning of the three pillars (pit) on the second day of Tashriq (12 Zulhijjah), he is therefore absolved of the obligation of mabit and hurling of the stones on the third day of Tashriq. This act is called Nafar Awwal, as described earlier. However there are certain prescribed conditions for the act, namely: - To leave Mina before Maghrib on the 12 th of Zulhijjah. This is the view held by the scholars of the Shafie, Maliki and Hanbali Schools. Their rationale is the verse:. Those who hastens (departure from Mina) on the second day (of Tashriq), it is no sin (blame) on him.
The restriction on time of departure is derived from the word yaum in the verse which suggests daytime up to Maghrib. Therefore those who leave after the arrival of Maghrib is not included in the group of those who hastens to leave in two days. - When night falls, the opportunity to leave Mina ceases. The piglrim is therefore required to stay on in Mina and mabit on the third night and to hurl the stones the next day. - Only the Shafie School deems it harus (permissible) for those to who have completed their obligations on the second day of Tashriq to still perform Nafar Awwal even though the time for Maghrib has arrived. They may be preparing to leave or are on their way out of Mina but still within its boundary when the call for prayer is made. It is permissible for them to proceed with Nafar Awwal based on the consideration that they have already intended and are committed to leaving early and are only delayed due to the crowds. - The Hanafi School on the other hand does not require the departure before Maghrib as they consider the 3 night mabit in Mina as only a sunnah. - Nevertheless, the pilgrim who wishes to perform Nafar Awwal must depart before the break of dawn on the third day of Tashriq (13 Zulhijjah) because if he is still in Mina at the time, it would then be an obligation for him to hurl the stones for the 13 th of Zulhijjah, as it would be time for the hurling of the stones. ISSUES 1. If a pilgrim who has left Mina on Nafar Awwal before or after Maghrib, and then returns to Mina for a purpose, to visit it or for other reasons, there is no obligation for him to mabit for the third night and even if he performs the mabit, there is no obligation for him to hurl the stones the next day. 2. The scholars forwarded a number of views with regard to those who leave Mina for the Nafar Awwal (first departure) before they had completed the act of hurling the stones. They can be summarised as follows: When one undertakes the Nafar (departure), the obligation of hurling the stones ceases and returning to Mina thereafter is pointless. It is therefore a necessity for him to fulfil the atonement for having omited the act of hurling more than 3 stones. It is an obligation for him to return to Mina and hurl the number of stones required of him before the arrival of Maghrib prayer. If it is after the Maghrib prayer, it is a duty for him to offer the dam (atonement) as the arrival of the third night signifies the end of the time prescribed for the second day of hurling. To offer the person a choice of returning to Mina and hurling the stones, as long as it is before sunset, or to not return at all, which will make it a necessity for him to fulfil the dam (atonement)
3. Nafar Awwal before zawal (before the time for the hurling of the stones). The deliberation on this issue is similar to the one for the above issue. 5 CONCLUSION ON ISSUES 2 AND 3 It is better for the pilgrim to complete the hurlings of the second day (12 th of Zulhijjah) with Nafar Awwal because the purpose he is making this difficult hajj journey to the Holy land is to satisfactorily fulfil his hajj obligation. What is the point of spending a lot of money, time and effort, only to find out thatour hajj is defective and incomplete due to the mistake of a few short moments. Unless for some truly urgent reason, the most meritorious thing to do is to fulfil the dam (atonement). Wallahu alam (Allah knows best) 1.6 NAFAR THANI (SECOND DEPARTURE) One is automatically performing the Nafar Thani if one does not perform the Nafar Awwal. This means that the pilgrim will remain in Mina for the Third night and will hurl the stones on the following day. He then leaves Mina with no contraints on the time of departure as this would be the final day of the days of Tashriq. 1.7 HURLING OF THE STONES ON ALL THE THREE DAYS OF TASHRIQ (11, 12 AND 13 ZULHIJJAH) THE RULING The consensus of scholars consider it an obligatory act to hurl the stones on the days of Tashriq except for the 13 th of Zulhijjah, for those performing the Nafar Awwal. But for those performing spending the night of the 13 th in Mina, it is an obligation for them to hurl the stones on the 13 th day. The proof to this is based on the practice of the Prophet (s.a.w) who hurled stones on all the three days of Tashriq on all the three pillars. 1.8 THE EFFECTIVE TIME FOR THE HURLING OF THE STONES ON THE DAYS OF TASHRIQ Consensus of Scholars (Shafie, Maliki and Hanbali Schools): say that the effective time for hurling the stones is after the zawal (Dzuhr prayer) comes into effect, which means that once the effective time for Dzuhr is achieved, the time for hurling the stones comes into effect. It is considered invalid for the hurling to take place before the time for the Zawal. On the authority of Jabir r.a:
. ε I saw the Prophet (s.a.w) hurl the stones at the Great Pillar at the time of Dhuha on the day of Sacrifice (Eid-ul-Adha) and thereafter (on the days of Tashriq) he hurled after zawal of the sun. (Hadith reported by Bukhari) Hanafi School: Similar to the consensus of the scholars i.e after zawal. The only exception is that they allow the hurling on the third day of Tashriq to be done before the zawal. This is to provide a relief to the pilgrims and also based on what has been narrated by Baihaqi on the authority of Ibnu Abbas r.a:. ( ) When the day is high (sun) on the day of Nafar (13 Zulhijjah), it is permissible for you to hurl the stones 1.9 THE EXPIRY TIME FOR HURLING ON THE DAYS OF TASHRIQ There is a difference of opinion among the scholars on the issue of the expiry time: Maliki School The time expires (for hurling) when the sun sets on the particular day. And one has to pay the dam if one hurls after the time for Maghrib is achieved. Hanafi School The time expires upon the break of dawn on the following day, except for the third day, where the expire time is at Maghrib of the same day. Therefore, one has to pay the dam (atonement) if one wilfully delays the hurling toward the end of the prescribed time. The permissibility of hurling at night is based on the hadith of the Prophet (s.a.w) that permits the animal herders to hurl at night. Shafie and Hanbali Schools Whoever do not hurl on the first or second day may do so on the following day. And the expiry time is when the sun sets on the third day of Tashriq (13 Zulhijjah). And the hurling on the days of Tashriq is still considered ada an*(within the prescribed time)
This view is based on the premise that all the days of Tashriq are hurling days. If the act of hurling is completed between the time it begins and the time it ends, you are not required to pay the dam (atonement). CONCLUSION The most compelling opinion is that of the Shafie and Hanbali Schools as Prophet (s.a.w) has never prescribed a time limit for the hurling for as long as they are carried out during the days of Tashriq. Therefore the entire days of Tashriq is treated as one period. Having said that, it must be noted that it is still more meritorious to hurl on every single Tashriq days. We could however delay to do the hurling at night so as to avoid any potential harm if one were to hurl in the daytime due to the heavy crowd. Wallahu alam. 1.10 TAWAF WADA (FAREWELL/DEPARTURE CIRCUMAMBULATION) ITS WISDOM As an honourable guest, one should thank the host for his hospitality of having you before one leaves the premise of the hosting party. So as an expression of one s gratitude and thankfulness to Allah for having allowed us the pleasure of visiting His House, a visitor to the holy land undertakes the Tawaf Wada before his departure. The rationale for this is based on the authority of Ibnu Abbas who said that the Prophet (s.a.w) said. No one should leave (Makkah) until he performs the final rite at the Baitullah (Tawaf Wada ) (Hadith reported by Bukhari and Muslim) ITS RULING There are two main views among the scholars: Shafie, Hanbali and Hanafi Schools The three schools deem it an obligatory act. If one omits the act, one has the duty of paying the dam. They based their opinion on the aforesaid hadith. Maliki School, Daud and Ibnu Mundzir They opine it as a sunnah. So if one omits it, it would be sunnah for him to pay the sacrificial dam. Their opinion is based on the narration of Ibnu Abbas r.a that the Prophet (s.a.w):
. It was commanded (by the Prophet (s.a.w) to all mankind that they should fulfil the final act (Tawaf Wada ) at the Baitullah, except if they are women who are experiencing menstruation (and discharge of lochia) (Hadith reported by Bukhari and Muslim) If it was indeed an obligatory act, it would certainly not be excused even for menstruating women. This therefore points to the fact that it is only a sunnah. CONCLUSION It is indeed an obligatory act as it was commanded by the Prophet (s.a.w). The fact that the menstruating women are excused of this duty does not make the act a sunnah. As in the case of solat. The fact that menstruating women have to abstain from doing her solat during her period does not mean that the obligatory prayer is a sunnah act. PEOPLE WHO ARE EXEMPTED FROM PERFORMING THE TAWAF WADA 1. Menstruating Women 2. Women with Discharge of Lochia 3. Inhabitants of Makkah 4. Those who are resident in Makkah after Hajj For 1 & 2, the rationale is the earlier hadith by Ibnu Abbas r.a while the 3 & 4 are exempted because they do not leave Makkah. 1.11 THOSE WHO ARE REQUIRED TO PERFORM TAWAF WADA The scholars are unanimous in prescribing the Tawaf Wada as a prerequisite for those who are not resident in Makkah when they wish to leave the sacred precinct after performing the hajj. However Tawaf Wada is not an obligation if they are in Makkah merely for Umrah, visiting or for the purpose of work or business. However, the Shafie School still considers the Tawaf Wada an obligation regardless of the purpose of one s stay in Makkah, and in fact, even for inhabitants of Makkah. This is due to the differing opinions within the school whether the Tawaf Wada is part of the rites of hajj or an independent act in itself. Two main views exist on the matter: Imamul Haramain and Imam Ghazali opined that the Tawaf Wada is part of the rites of hajj, and therefore is not obligatory upon those who do not perform the hajj.
The Consensus of the Shafie Scholars say that it is an independent act of worship/devotion. As such it is obligatory upon every person who wishes to leave Makkah, to a place further that two marhalah (approximately 90 km), to perform the Tawaf Wada, even if he is an inhabitant of Makkah.* 1.12 THE TIME FOR TAWAF WADA Tawaf Wada is to be performed after one has completed the performance of the hajj, umrah and any other worldly concerns and ensuring that it is the final obligation one undertakes before leaving Makkah, as commanded in an earlier hadith narrated by Ibnu Abbas. ISSUES 1. If, after the performance of the Tawaf Wada, one is kept occupied with duties relating to one s departure such as the loading of luggage, purchasing of food or drinks, one would be excused. 2. However, if one is occupied with other worldly matters or one remains in one s place of accommodation, then the Tawaf Wada would be deemed as null and void and one has to undertake it once again. 3. If one has to wait (for the transport to arrive, for instance) such that you fall asleep in the hotel lobby, you are not obligated to repeat the performance of the Tawaf Wada as the delay was not intentional. 4. After undertaking the Tawaf Wada, you are only allowed the time to perform the two raka at (genuflections) superogatory solat, time for supplication at the Multazam and to then proceed straight out of the mosque. If one commits intentional delay by sitting around or undertaking an obligatory solat, one is obliged to repeat the Tawaf Wada 1.13 THE MANNER OF PERFORMING THE TAWAF WADA There are no difference between Tawaf Wada and other tawaf in respect of its rules, sunnah acts and others. Therefore, it is not a sunnah for you to carry out the Ramal (trotting) and Idtiba (baring of the right shoulder) during the performance of the Tawaf Wada as there is no sa i following the Tawaf Wada. After the performance of the Tawaf Wada, it is a sunnah to supplicate at the Multazam, an area of the Ka bah wall between the Hajar al-aswad and the door of the Ka bah. Here you may refer to the prayer/supplication contained in the guide book entitled Doa Tawaf Wada. As an expression of love and sadness to leave the Ka bah, it is also a sunnah to turn back to look at the Ka bah when proceeding out of Masjidil Haram. However, it is not a sunnah to walk backward while proceeding
out off Masjidil Haram, as done by some pilgrims, because it was never commanded or practice by the Prophet (s.a.w), and for fear of the potential danger that may arise from such action. Women who are in a state of ceremonial impurity may stand in front of the door of the Ka bah and supplicate while facing the Ka bah.