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Fatwa CenterRuling concerning someone who misses standing at Muzdalifah for legal excuse
Question
In the last season of Hajj, it happened that it was very cold in Muzdalifah, and when the people departed from ‘Arafat, a woman stumbled into a hole due to crowdedness and her ankle was sprained, and this caused her to be moved from a place to another carried or driven by a truck. Furthermore, when we went to Muzdalifah, the driver did not arrive there on time, and it was not before 2:00 A.M. that we arrived outside Muzdalifah. We all walked on foot to Muzdalifah, and it was difficult for us to carry the woman in view of the long distance and the severe cold, and she remained in the car till we departed to Mina after dawn. Is it due on that woman to sacrifice a sheep and distribute its flesh among the poor inhabitants of Makkah in the current season?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Slaughtering a sacrifice is not due on the woman who has been prevented by her injury from coming in and standing at Muzdalifah, especially given that it was impossible for her to be transported by car too. The juristic scholars state that nothing is due on the one who misses standing at Muzdalifah due to a legal excuse.
Ash-Sharh Al-Kabeer on Mukhtasar Khaleel, which is a book on the Maaliki Fiqh, says:
"One is recommended to spend the night in it (Muzdalifah). To stay in it is an obligation, even as short as is equal to unloading their luggage, even if they do not actually unload it. Leaving this obligation requires offering a sacrifice … if one does not stay in it even as short as is equal to unloading the luggage till dawn rises, then a sacrifice becomes due on him unless there is a legal excuse."
Commenting on that, Ad-Dusooqi said, “That is, except if there is a legal excuse due to which he has not stayed in it, in which case nothing is due on him.”
Allaah Knows best.
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