After Tawaf al-Ifada, which is the main tawaf of Hajj performed on the 10th of Dhul Hijja, one must stay the nights in Mina as an obligation. Al-Mabit, or spending the night, is accomplished by spending at least half of the night in Mina. If one chooses to depart early, then only two nights suffices. Since the mabit is an obligation (fard), then if it is missed, a slaughter is owed.
If one is serving the people and cannot spend the night in Mina, then they may spend it where needed, as the Prophet ﷺ allowed for ‘Abbas and the shepherds. Habib bin Tahir notes that analogy (qiyas) can be made on permission (rukhas) when they are rationally comprehensible (ma’qul al-ma’na), meaning that the reasoning behind them is known. Hence, in the past the exception was made for shepherd, but today it may be made for officers, administrators, or anyone else serving the people.
Source: Mukhtasar Khalil
Written by: Shadee Elmasry
وعاد للمبيت بمنى فوق العقبة ثلاثا وإن ترك جل ليلة فدم أَوْ لَيْلَتَيْنِ إنْ تَعَجَّلَ…وَرُخِّصَ لِرَاعٍ
