Q. A friend of mine performed the pilgrimage last season and followed all the rules, except for the stay in Mina for the last three days. He was allotted a place a few yards outside Mina, toward Muzdalifah. Is this valid? If not, does he have to make any compensation?
M. Muhsin, Dammam
A. Staying two or three nights in Mina after returning from Arafat is a duty according to some schools of law, and a Sunnah, or recommended according to others. If we consider it a duty, then missing it requires compensation, but if we consider it a Sunnah then no compensation is required to be given by anyone who misses it. Imam Ibn Hazm says: "A person who does not stay in Mina does badly, but has no compensation to pay."
All this applies to a person who has the chance to stay in Mina but leaves it out without a compelling reason. Your friend was out of Mina because of the congestion that leaves no room for many pilgrims, considering the limited space available in Mina. Therefore, we say without hesitation that his pilgrimage is perfectly appropriate and no compensation is necessary. All schools of law agree that people who are engaged in serving the pilgrims, such as those attending to water supplies, are exempt from staying in Mina. Al-Abbas, the Prophet’s uncle, sought his permission to stay in Makkah, so that he could attend to water supplies, and the Prophet permitted him that.
On pilgrimage
Q. If a pilgrim does not do the saie after the tawaf of arrival, can he do it after the tawaf of ifaadah? Does this entail any additional compensation? Which is the better time for doing the saie? May I also ask whether it is appropriate to use the same ihraam garments after one has done the pilgrimage?
(Name and address withheld)
A. The saie, or the walk between the two hills of Safa and Marwah, is an obligatory ritual of pilgrimage which all pilgrims must do. It is done once for pilgrimage and once for Umrah. The only exception is for people who choose the qiran method of pilgrimage, which combines both duties together. These need to have one saie only, which counts for both duties.
The saie is normally preceded by a tawaf. It may be offered after one completes the tawaf of arrival, which is a Sunnah on arriving in Makkah. Alternatively, one may do the saie after the tawaf of ifaadah, which is an essential duty due after return from attendance at Arafat on 9 Thul-Hijjah. It is up to every individual pilgrim to choose the time of the saie, according to what suits him or her. However, the crowding after the tawaf of ifaadah is at its highest, which makes saie more difficult. Therefore, it is more convenient to do the saie after the tawaf of arrival, because there is more time available and pilgrims arrive over a period of several days.
The same ihraam garments may be used as many times as one chooses. They should be washed and cleaned every time, so that they have a good smell at the beginning of the ritual.
