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Home » Hanafi Fiqh » Daruliftaa. A few years ago I performed Haj. On the second night of tashreeq we finished our tawaf al ziyarat very late, and stayed in Makkah, rather than attempting to return to Mina. At the time I asked a mutfi, what the status was. He said we had left the Sunnah by staying in Makkah, but that no dam [penalty sacrifice] was liable. Others have told me that if you do not stay in Mina these nights there is no harm if you are in the Haram, and the hotel we were in was in area that maybe part of the Haram, as the jamat of the salah used to go way further than our hotel.
Recently, someone who follows Hanbali fiqh has put doubt in my mind as to whether I should have done a penalty sacrifice or not for not being in Mina on the second night [i. Q2: Am I correct in thinking that this has to be given in Makkah or Mina if it needs giving now? The great Hanafi jurist faqih , Mulla Ali al-Qari Allah have mercy on him states in his excellent and one of the most reliable works on the topic of Hajj in the Hanafi School, al-Maslak al-Mutaqassit :.
If one spent most part of the night in other than Mina, then this will be considered somewhat disliked makruh tanzihan , but there will be no penalty necessary on such a person according to us. It is a Sunnah to spend the nights in Mina during the days of pelting rami.
To spend the nights elsewhere is Makruh Tanzihan, hence not doing so does not necessitate a penalty dam. However, one should remember that one should not take this Sunnah lightly. The nights spent in Mina are much more virtuous than a comfortable night in the hotels of Makkah.
This answer was collected from Daruliftaa. Search Search. Is it safe to stay at Mina for only three days due to ill-health? During the 5 days of Hajj, do I have to spend the whole night in Muzadalifa until Fajr the following morning Is one day journey of Arafat during 5 days stay of Mina considered one city?