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Fiqh-us-Sunnah - 5.109
Hadith 5.109.1
Sleeping (the Night) at Mina
Spending three nights or two nights, the 11th and 12th of Dhul-Hijjah, at Mina is necessary (wajib), according to the three Imams of the Islamic law. The Hanafi school regards sleeping at Mina as sunnah only.
Ibn 'Abbas said, "After you have thrown the pebbles you may spend the night wherever you wish." This is reported by Ibn Shaibah. Mujahid said, "There is no harm if one spends the first portion of the night at Makkah, and the last one at Mina, or the first portion of the night at Mina and the last one at Makkah." Ibn Hazm said, "A pilgrim who does not spend the night at Mina does wrong, but he does not incur any penalty.
There is consensus that in the case of those who have a genuine excuse, like water carriers, and shepherds, sleeping the night at Mina is not necessary, and if they leave out anything they don't incur any penalty.
The uncle of the Prophet (peace be upon him), Abbas, sought and got permission from the Prophet (peace be upon him) to spend these nights (supposed to be spent in Mina) at Makkah so that he could attend to his functions as provider of drinking water to the pilgrims. This was reported by Bukhari and others.
'Asam bin 'Adi reported that Prophet (peace be upon him) excused the shepherds from sleeping at Mina. This is reported in the Sunan, and Tirmidhi considers it a sound hadith.
Hadith 5.109.A
When to Return from Mina
The three schools of Islamic law hold that the pilgrims must return from Mina to Makkah before the sunset of the 12th of Dhul-Hijjah after throwing the pebbles.
The Hanafi school, however, is of the opinion that pilgrims may return to Makkah betore the dawn of the 13th of Dhul-Hijjah. Leaving after sunset is, however, disliked for it is against the sunnah. but one who does so incurs no penalty.
Hadith 5.109.B
Sacrificial Animals
These are animals brought to the Haram, the Sacred Mosque, seeking the closeness and pleasure of Allah, Who says in the Qur'an (22.36), "The sacrificial camels We have made for you as among the symbols from Allah: in them is (much ) good for you: then pronounce the name of Allah over them as they line up (tor sacrifice) when they are down on their sides (after slaughter), eat you thereof, and feed such as beg with due humility: thus have We made animals subject to you, that you may be grateful. It is not their meat nor their blood, that reaches Allah: it is your piety that reaches Him."
'Umar said, "Sacrifice animals, for Allah loves sacrifice. The Prophet (peace be upon him) offered one hundred camels in sacrifice for the pleasure of Allah."
This offering by him was supererogatory.
Qur'anic references:
Surah 22 : Ayah 36Support Our Initiatives
"When a person dies, his works end, except for three: ongoing charity, knowledge that is benefited from, and a righteous child who prays for him."
Prophet Mohammed (PBUH)
"The best of what a man leaves behind are three: a righteous child who supplicates for him, ongoing charity the reward of which reaches him, and knowledge that is acted upon after him."
Sunan Ibn Mājah
"Every day two angels come down from Heaven and one of them says, 'O Allah! Compensate every person who spends in Your Cause,' and the other (angel) says, 'O Allah! Destroy every miser.'"
Sahih Bukhari
