Mon 13 رمضان 1447 (02 Mar 2026)
[The Ruling on Spending the Night Outside Minā Due to Expulsion by Security Forces]
Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
Fatwa number: 17990
Number of views: 2
[The Ruling on Spending the Night Outside Minā Due to Expulsion by Security Forces]
Fatwa number: 17990
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Question: Today Minā has become constricted because of the camps and roads, and the security personnel in Minā prevent pilgrims from sitting in the streets and thoroughfares and expel them outside Minā on the pretext that the muftis there have issued a fatwā permitting spending the night outside Minā due to severe congestion and the great number of pilgrims. What is required of the one expelled?
And if a pilgrim is able to spend the night in Minā standing on his feet or walking, is he required to do so?
Answer—and with Allah is success:
- The Messenger of Allah, May Allah bless him and his family and grant them peace, granted a concession to those with valid excuses to omit spending the night in Minā. He granted a concession to al-ʿAbbās because of providing water to the pilgrims, and He granted a concession to the camel herders, and it has not been narrated that he required any sacrificial blood (dam) from them; and had it been obligatory upon them, he would have clarified that to them.
Therefore, we say: Whoever is expelled by the Minā security on account of congestion, and on the basis of the muftis’ fatwā for them permitting that, is excused; the obligation of spending the night in Minā falls from him due to that excuse, and he is not required to spend the night outside Minā where the expelled are spending the night. Rather, he may spend the night in Makkah or wherever he wishes.
If the pilgrim is able to spend most of the night in Minā standing on his feet without incurring harm or excessive hardship, then he is required to spend the night in that manner.
By “harm and excessive hardship” we mean what would amount to self-torment. If that is the case, then he is not required to spend most of the night [in Minā]; rather, he fulfills of it what he is able, and he is excused regarding what remains of spending the night. All of this is due to His saying: “Allah does not charge a soul except [with that within] its capacity.” [al-Baqarah: 286].
Moreover, it has not been narrated that the Prophet Muhammad (May Allah bless him and his family and grant them peace) required any sacrificial blood from those with valid excuses.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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