Question:

I did Hajj but I did not stay in Mina on 10, 11, and 12 due to night duty. Do I have to pay penalty for not staying during the night in Mina?

Fatwa:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger, may Allah exalt his mention as well as that of his family and all his companions.

It is one of the obligations of Hajj to spend the night in Mina on the 10, 11 and 12 of Thul-Hijjah, and if one fails to do so, he has to offer a sacrifice according to the three Imaams. The Maaliki school is of the view that if a person fails to spend one or more of the nights in Mina, he has to offer a sacrifice even if this failure was due to necessity. If a person does not spend the three nights in Mina, he only has to offer a single sacrifice.

However, the Shaafi'ee and Hanbali schools are of the view that whoever does not spend all three nights, has to offer only one sacrifice for the three nights, but he does not have to do so if his failure was due to a valid excuse.

Based on this opinion, since you did not spend the nights in Mina because you were on duty, we hope that you are not sinful, but if you offer a sacrifice according to the Maaliki school, that is better. The sacrifice is a sheep or one seventh of either a camel or a cow that should be slaughtered and distributed to the poor of Makkah.

Allah Knows best.

Fatwa answered by: The Fatwa Center at Islamweb