·
It is obligatory to observe the Stay in Arafat itself, for it is not sufficient
to observe the Stay in Namirah,
or other areas in the vicinity of Arafat. Arafat has known borders with clear
visible signs stating “The Start of Arafat” and “The End of Arafat”, and
therefore one may not breach those borders.
·
The element, or principal element of the stay is the extent that can be called as stay, which literally means “being present there”30, and the time
that exceeds the element is
obligatory, and it is not permitted to abandon the excess time. BUT if one
[deliberately] abandons the element –
the basic stay itself until
time of the Designated stay has
lapsed, until sunset, his Hajj is invalidated, and neither the Emergency stay [in Arafat] nor that in Mash‘ar
would be of any use to him.
·
The Emergency Stay in Arafat is from the time of
sunset [on the ninth day] until the time of Fajr on the day of Eid [the tenth
day].
·
If one forgets to observe the stay in Arafat [on time], it is obligatory
for him to do so in the Designated time if it was possible, failing that, he should
observe the Emergency stay, and
then observe the stay in the
Mash‘ar and his Hajj is valid.
·
As mentioned previously, it is
obligatory [for the pilgrim] to observe the stay in Arafat [during the entire period] from midday noontime /
midday until sunset. If, due to deliberate failure, one did not observe the stay on time, [i.e. not from
precisely noontime, but from later on], he has sinned but his Hajj is correct
and he is not liable [to do or give] anything. However, if this was due to an
oversight or another excuse, he has not sinned, and his Hajj is correct too.
·
If one did not observe the stay in Arafat up to the end of the required
time, i.e. he deliberately left Arafat before sunset, if he repented and
returned before sunset, he is not liable to a penalty, and if he does not repent and does not return, he is
liable to a penalty of a camel.
If he could not afford a camel, he must fast 18 days continually with no interruption
between those days. The fast can be in Mecca, en route back to his hometown or
when at home.
·
If due to oversight one departed
[Arafat] before sunset and did not realize this during the time [before sunset]
he is not liable to anything. If he realized the oversight before sunset, it is
obligatory for him to return to Arafat, and to remain there until sunset. If he
dos not do so and does not return, he has sinned and the ruling of his case is
similar to the one who deliberately left Arafat. The ruling of the one who does
so out of ignorance is the same as that who had forgotten, even if his
ignorance being due to him being moqassir.
·
The Designated stay for Arafat – as mentioned before
– is from midday to sunset, and the Emergency Stay is from sunset to fajr.
The latter is qualifying for anyone who forgot to observe the stay in Arafat, or was excused due to
any other reason. However, in the case of the Emergency Stay it is not obligatory to observe it completely and entirely31
as it is required in the case of the Designated stay. The obligation in this [Emergency Stay] is the extent that can be called as “being present there”.
However, the Emergency Stay is
a substitute for the Designated stay as
far as the obligation of observing the entire period is concerned, if it was
possible to do so. This is provided this would not detract him from [the stay] in the Mash‘ar before sunrise.
·
If one observed the Emergency Stay [in Arafat], and it was not possible
for him to observe the stay in
the Mash‘ar before sunrise, his Hajj is invalidated by deliberately failing to
observe the stay in the Mash‘ar.
Therefore it is obligatory for him, if it was possible, to ensure that he
observes the stay in the
Mash‘ar, by observing the Emergency stay
in Arafat, and then come to the Mash‘ar. If that was not possible, he
should limit [his stay] to
observing the stay in the
Mash‘ar [only], and [go on] to complete his Hajj. Similarly, if he missed
observing the stay in Arafat
completely due to forgetting, oversight or any other reason, and he did not
remember it until after the elapse of the stay time, but it was possible for him to observe the Stay in the Mash‘ar in the Designated
time, his stay in the Mash‘ar
is qualifying and his Hajj is valid.
·
The above ruling concerning the
one who had forgotten applies to the qaasir
ignorant, but as for the moqassir,
the ruling in this case is inconclusive [i.e. no fatwa is given in the validity or invalidity of the Hajj].
·
If the judge or mufti of the
non-Shi’a announced the day of Arafat and the day of Eid, and one is not sure
of the invalidity of the announcement, or if one was sure of the invalidity of
the announcement but was confined to comply with that, then it is permissible
for him to follow accordingly for the two stay’s, and the Hajj is valid and he does not need to repeat.
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