The ruling on spending the Night outside of Mina during the Days of At-Tashreeq
Question :
What is the ruling on spending the night outside of Mina during the days of At-Tashreeq, whether that was done intentionally or due to the excuse of not being able to find a place there? And when does the Hajj pilgrim begin leaving from Mina?
Answer:
Spending the night in Mina is obligatory, according to the correct opinion, during the 11th night and the 12th night (i.e., the nights of the 10th and 11th of Thul-Hijjah). This is the view preferred by the researchers among the people of knowl- edge. This is obligatory upon the men and the women among the Hajj pilgrims. If they cannot find a place, then it is no longer obligatory on them and there is no sin on them. Whoever leaves it off without a valid excuse, he must slaughter an animal.
The Hajj pilgrim may begin leaving from Mina when he has stoned the pillars on the 12th day (of Thul-Hijjah) after midday. He has the permission to leave from Mina and if he delays (and stays) until he stones the pillars on the 13th day (of Thul-Hijjah) after midday, then that is better.
Source:
Ash-Shaykh Ibn Baz
Fatawa Islamiyah, Vol. 4 Page 234