Is spending the nights (Mabit) in Mina after Tawaf al-Ifadah on the Day of Sacrifice obligatory?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
Spending the nights in Mina following the Tawaf al-Ifadah on the Day of Sacrifice is obligatory. This is supported by the action of the Prophet (PBUH), who performed Tawaf on the Day of Sacrifice and then returned to Mina to pray Dhuhr. Furthermore, 'Aishah narrated that the Messenger of Allah (PBUH) performed Tawaf late in the day after Dhuhr prayer and then returned to Mina, remaining there during the nights of the Days of Tashreeq. The apparent ruling from Al-Kharqi supports that Mabit (staying overnight) in Mina during the nights of Mina is obligatory, which is one narration from Ahmad.
Supporting text
The opposing view is that Mabit in Mina is not obligatory. This is narrated from Al-Hasan and also attributed to Ibn 'Abbas, stating that once the Jamarat is stoned, one may stay wherever one wishes. The evidence for non-obligation is that the pilgrim has exited the state of Ihram, so being obligated to stay overnight in a specific place is not required, similar to the night of Al-Hasbah. The first narration stipulating obligation is strengthened by the report that Ibn 'Umar narrated that the Prophet (PBUH) permitted Al-'Abbas ibn 'Abd al-Muttalib to spend the nights in Makkah due to his duty of providing water (Siqayah), implying that the permission was specific to his excuse and no concession exists for others. This is further supported by the narration from Ibn 'Abbas that the Prophet (PBUH) granted no one permission to stay in Makkah except Al-'Abbas for his duty.