Question
Question: If a pilgrim rides by car from ʿArafāt to Muzdalifah and does not reach Muzdalifah until after midnight due to severe congestion, and he cannot get out of the car and walk on foot because he is accompanied by an elderly woman for whom walking is difficult, so he is compelled to remain with her in the car—does a sacrificial blood (dam) become required in this case of the elderly woman and her companion for not spending most of the night in Muzdalifah?
Answer
Answer—and Allah grants success: What appears to me—and Allah knows best—is that nothing is required of the elderly woman or her companion, due to the presence of an excuse and the absence of negligence. Sacrificial blood, as it appears, is only required of one who has no valid excuse in such a case.
The evidence for what we have mentioned is his permitting, May Allah bless him and his family and grant them peace,—on the night at Muzdalifah—women, children, and the weak among his family to depart early, while he himself remained until he stood there after Fajr, as in al-Majmūʿ.
And in it also—from ʿAlī (peace be upon him): “Whoever misses the standing at ʿArafah with the people, then comes to it at night and then catches up with the people at Jamʿ (Muzdalifah) before the imām departs, has caught the Hajj.” End quote.
Thus, in this report nothing is required in sacrificial blood of one who missed most of the night, and likewise in the first report nothing of sacrificial blood is mentioned concerning the women and the weak among his family, May Allah bless him and his family and grant them peace.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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