The Stay (Wuqūf) at Arafat
The second obligation:
Staying in Arafat during the Hağğu-t-Tamattu´ with the intention of achieving closeness to Allah.
The pilgrim is required to be present in Arafat, whether they are riding, walking, sitting or moving.
#365: The boundaries of Arafat extend from ´Uranah, Thawīyyah and Namirah to Dhul Miğāz and from
Al-Mā´zamein to the outer boundary. These places lie beyond the locations where the pilgrims stay.
#366: The mountain is situated in the area where the pilgrims stay, but it is recommended that they stay on the flat land to the left side of the mountain, on the south side.
#367: Whilst staying in Arafat, the pilgrim must consciously want to stay. Therefore, being asleep or unconscious during the entire time does not count as a valid stay. However, if the pilgrim begins their stay in a state of full mental awareness and then falls asleep several times or passes out, this does not interfere with their stay.
#368: As an obligatory measure of precaution (ahwaṯ wuğūban), the stay has to last from the beginning of the time of the noon prayer till after sunset of the 9th Dhu-l-Hiğğah. It is obvious, that a delay caused by performing the full ablution or by praying the noon or the afternoon prayer is permissible. Staying during the whole of the mentioned-above time period is an obligation and whoever deliberately fails to do so commits a sin. However, staying the entire time is not a pillar of the pilgrimage, which means that if a pilgrim is not present during part of the required time, their Hajj does not become void. But if they omit being there entirely, their Hajj does become invalid.
#369: Someone who fails to stay at Arafat within the stipulated time frame, be it due to forgetfulness or to an excusable ignorance or for other pardonable reasons, has to perform an alternative stay. (Which means that they stay there during an alternative period of time, which is part of the night of the 10th Dhu-l-Hiğğah.) If they do so, their Hajj is valid. If they deliberately fail to do so, their Hajj is invalid. This only applies if the pilgrim, despite fulfilling the alternative stay at Arafat, also performs the stay at Muzdalifah before sunrise.
If they fear that they might not reach Muzdalifah soon enough to perform the stay there on schedule, their priority should be the stay in Muzdalifah rather than the alternative stay at Arafat and their Hajj is valid.
#370: The pilgrim is prohibited from leaving Arafat deliberately and wittingly before sunset. If it happens, the pilgrimage is still not invalid. If the pilgrim repents of their error and returns to Arafat, they are not liable to any penalty. Otherwise, they have to slaughter a camel on the 10 th Dhu-l-Hiğğah – as a precaution, in Mina and not in Mecca – or if they cannot possibly do that, they should fast 18 days – as a precaution, consecutively – either in Mecca or on their way or at home. The same rule applies for someone who leaves Arafat too early due to forgetfulness or out of ignorance. As soon as they think of it or learn the rule, they have to immediately return or – as a precaution – they have to pay the aforementioned penalty.
#371: Since some of the ceremonies have to be performed on specific days, it is the duty of the pilgrim to observe the sighting of the moon for the month of Dhu-l-Hiğğah, so as to being able to perform the ceremonies correctly during the stipulated period of time.
If the qādī of the Holy Place proclaims the sighting of the crescent moon but the sighting was not performed in accordance to the religious criteria, it may be considered that the announcement is valid for those who still believe the sighting of the crescent moon to be possibly true. They have to comply with it and their pilgrimage is valid; otherwise, it is void.
Actually, there is an opinion that says it is sufficient to follow such an announcement even if the pilgrim is not convinced of its truth, especially if the necessity of taqīyah calls for this behavior.
Neither of these attitudes is established, therefore the Hajj is only valid if the mukallaf performs the Hajj ceremonies at the right times and according to the valid rules of moon sighting if this is possible for them. If they do not do so, even if it is justifiable, and they do not follow the qādī of the Holy Place, their Hajj is definitely void. If they follow the qādī of the Holy Place, the validity of their Hajj is debatable.