Intentionally failing to spend the nights of Tashriq in Mina while he was able to do so


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Q 1: Last year, I performed Hajj and it happened that I spent one night outside the boundaries of Mina but I was not aware of that. I just slept outside Mina. The same incident took place during the second night, and I slept outside the boundaries of Mina at the same place on the side of a road until it was 1 A.M. Only then a man beside me exclaimed: We are outside the boundaries of Mina, as there is a sign right there indicating that. I then tried to enter into the boundaries of Mina but I could not, as there was no available space. Therefore, I returned to my former place and paid no attention to what he said. Only on the third night when the area became clear following the departure of the pilgrims, who hastened to leave on the 12th of Dhul-Hijjah, I became sure that I was indeed outside Mina. What is the ruling on this? (Part No. 10; Page No. 284) Should I offer a Fidyah (ransom) i.e. sacrificial animal, as expiation? Is it permissible to slaughter it outside Makkah or must it be in the area of Al-Masjid Al-Haram only? Is it permissible to fast or do any other kind of expiation instead of slaughtering a sacrificial animal? Please clarify this point, because I am completely confused and I am not sure about the correct legal ruling on this case. I resort to you in compliance with Allah's (Exalted be He) Command: So ask the people of the Scripture, if you do not know.


A: If you intentionally failed to spend the nights of Tashriq (11th, 12th and 13th of Dhul-Hijjah) in Mina while you were able to do so, you have to offer a Fidyah (ransom), which is to slaughter a sheep that meets the same conditions of Ud-hiyah (sacrificial animal offered by non-pilgrims). It must be slaughtered in Makkah and its meat should be distributed to the poor of the city of Makkah. However, if you were unable to slaughter a sheep, you must fast ten days.




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