Current Legal Issues

Staying Overnight at Mina

Q.1 A pilgrim in a state of ihram spent part of the twelfth night at Mina until morning. He then threw stones at Jamarat that morning. Is it possible for him to return home, to Makka, for the period from the same morning till before noon time to do nafr (hastening on) from there in the afternoon?

It is permissible for him to go to Mekka, provided he leaves behind (at Mina) some of his belongings, should he have any. It is obligatory on him, though, to return to Mina for nafr.

Q.2 A pilgrim, who is allowed to do rami (throwing stones at Jamarat) on the night of the twelfth [of Thil Hijja], did just that. He then went to Mekka. Is it obligatory on him to return to Mina the following day (12th of Thil Hijja) before noon time to do nafr in the afternoon?

Yes, it is obligatory. If he wanted to go to Mina, where he has belongings, from Mekka, it is obligatory that he leaves some of it behind.

Q.3 A woman pilgrim did rami of the three Jamarat at the night of the 12th. She then returned to Mekka before dawn. Is it obligatory on her to return to Mina the following day (12th) for wuquf till noon?

The question assumes the permissibility of carrying out rami of Jamarat during night time. That is, for people who fear for themselves from the masses during day time, such as women, the feeble, and children. This is the opinion of Ustath (professor) as-Sayyid al-Khoei (May his soul rest in peace). However, the option to do rami during night time, barring Jamrah of Aqabah on the eve of the Eid, is confined to those who have reason not to stay at Mina for the rami during day time, such as the fearful, the shepherd, and the slave. As for women, the feeble, and sick, etc. who cannot perform rami during day time because of the crowds, they should deputise some other people to do it for them. On a premise of preferential ihtiyat, combining both, the rami during night time and doing it by proxy during day time, should be the norm.

Returning to the first assumption, it is not permissible for him who did the rami at the night of the 12th to do nafr after rami. Suppose they left Mina for Mekka to do tawaf or any other business, it is obligatory that they return to Mina to do nafr badaz zawaal of the 12th day. They also have the choice to do nafr after performing rami on the day of the 13th. This is further explained in the answer to the following question.

Q.4 A man pilgrim did the rami in the morning of the 12th. He then returned to Mekka. Should he return to Mina before zawaal?

If the pilgrim left Mina after doing rami, that is before zawaal, and he had some business to attend to there, such as leaving his luggage, he has to return. Rather, as a matter of ihtiyat, returning is obligatory, even though not out of necessity. However, it is patently evident that it is permissible to leave Mina on the first assumption, and, as a matter of ihtiyat luzumi, abstaining from it on the second assumption. At any rate, it is not necessary that he returns to Mina before zawaal, rather it is permissible to do it after zawaal too. This is because that which is of consequence is for nafr not to be done before zawaal. So returning to Mina after zawaal is in order so that his nafr from there be before sunset of the same day, or after rami on the 13th day.