The Hanafi school
regards sleeping two nights of At-Tashriq
for those who are in a hurry, and three
nights for those who want to stay
longer in devotion, as a Sunnah. As
such, the pilgrim does not have to atone
for failing to observe it. Ash-Shafi'i
and Ahmad Ibn Hanbal held it essential.
As such, if someone fails to spend only
one night, he must give Sadaqah that is
equal half a cup of basic foods. If he
fails to spend two nights, he must give
one cup of basic foods in Sadaqah. On
failing to spend three nights at Mina,
he must sacrifice in compensation. The
Maliki school was of the opinion that
the pilgrim is obligated to sacrifice in
compensation for every night he fails to
spend at Mina. There is a consensus
among scholars that failing to spend
most of the night is similar, as far as
the lawful verdict is concerned to
failing to spend the whole night. Water
carriers, shepherds, security and
supervision personnel are exempted from
sleeping the night at Mina because they
cannot
leave their work which other people are
in continuous need for. Generally there
is consensus that in the case of those
who have a genuine excuse like the
people entrusted with the money and
means of transport of pilgrims, sleeping
the night at Mina is not necessary, and
if they leave out anything they do not
incur penalty. The same verdict applies
on the people who abstain from this
essential condition out of urgent
necessity. The pilgrim who did not sleep
the nights of the first two days of At-Tashriq
in Mina must not depart from it on the
second day of At-Tashriq (Nafr Asghar)
to do so, he must spend both nights.
However, he may await the third day of
At-Tashriq and depart from Mina.
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