Is it permissible for shepherds and water-carriers to omit staying overnight (Mabeet) in Mina during the days of Tashreeq?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
It is permissible for the shepherds to omit staying overnight in Mina during the nights of Mina and to delay the stoning of the first day, performing it along with the second day's stoning on the first day of departure (Yawm al-Nafar al-Awwal), due to the hardship imposed upon them by staying overnight for the stoning rituals. The Messenger of Allah permitted the camel herders to combine the stoning of two days after the Day of Sacrifice into one of the subsequent days. The same concession applies to those who water the pilgrims. Al-Abbas ibn Abd al-Muttalib sought permission from the Prophet to stay in Makkah during the nights of Mina due to his duty of watering the pilgrims, and permission was granted.
Supporting text
A distinction exists between the shepherds and the water-carriers: if the shepherds remain until sunset, the obligation to stay overnight ('Mabeet') becomes incumbent upon them because their shepherding duties end during the day. The water-carriers are different because their service continues night and day. Thus, the shepherds are treated similarly to a sick person permitted to omit Friday prayer due to illness; if they attend it, it becomes obligatory. The shepherds are permitted to omit the overnight stay due to their duties; if the time for those duties passes, the overnight stay becomes obligatory.