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Staying most of the night in Mina during the Days of Tashriq is obligatory according to the majority of jurists; the one who fails to do that with no excuse is obliged to offer a sacrifice.
According to the majority of scholars one should stay there for most of the night. (End quote from Al-Mawsu`ah Al-Fiqhiyyah, part 17, p. 58)
Ruling on Not Staying most of the night in Mina
Not staying most of the night in Mina during the Days of Tashriq may be one of the following cases:
- The first case: when a person does not stay most of the night in Mina because he has an excuse.
Shaykh Ibn Baz (may Allah have mercy on him) was asked about the ruling on a person who does not stay overnight in Mina during the Days of Tashriq. He said: “He is not obliged to offer any sacrifice because Allah says (interpretation of the meaning): ‘So keep your duty to Allah and fear Him as much as you can’ [At-Taghabun 64:16] – whether he did not stay most of the night at Mina because of sickness or because there was no room, or for some similar legitimate excuse such as those who bring water to the pilgrims and those who tend sheep, and whatever else comes under the same rulings.
- The second case: when a person does not stay most of the night (in Mina) during the days of Tashriq with no excuse.
The Shaykh (may Allah have mercy on him) said:
Whoever does not stay most of the night in Mina during the Days of Tashriq with no excuse has failed to do something which was prescribed by the Messenger of Allah (peace and blessings of Allah be upon him) in both word and deed, and by the fact that he made a concession for some of those who have excuses such as shepherds and those who bring water to the pilgrims. Concessions can only be made when there is something which has to be done. Hence staying most of the night in Mina during the Days of Tashriq is considered to be one of the obligatory duties of Hajj, according to the more correct of the two scholarly views, and whoever does not do that and has no legitimate excuse has to offer a sacrifice, because it was reported that Ibn `Abbas (may Allah be pleased with them both) said: “Whoever fails to do one of the rituals [of Hajj] or forgets it, let him offer a sacrifice.” It is sufficient to offer one sacrifice for not staying overnight in Mina during the days of Tashriq.” ((End quote from Majmu` Fatawa Ash-Shaykh Ibn Baz vol. 5, p. 182)
What to Do If You Miss the Overnight Stay in Mina
He should offer the sacrifice and share out its meat among the poor in the Haram, and he should not eat any of it.
And Allah knows best.
