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Fatwa CenterA pilgrim staying overnight outside the boundaries of Mina
Question
Assalamu alaikum... I did the hajj two years back.. at that time i was unkown about many rulling of islam but now Allah(SWT) has given me some knowledge.. I have following question During stay of Mina ... There are boundries written on board.. and few people stay in tent close to boundary but outside boundary.. i was there ... what is the rulling on it... I have to offer sacrifice for it and my wife was also there... I was unknown of rulling as well as unknown of boundary that time... even today i am not sure about that status.. but i have doubt what should i do..? i AM ABLE TO OFFER SACRIFICE... NO PROBLEM...
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
It is known that staying in Mina for most of the night during the nights that precede the days of Tashreeq [which are the 11th, 12th and 13th of Thul-Hijjah] is one of the obligations of Hajj, but many tents of the pilgrims extend outside the boundaries of Mina because of over crowdedness. So, some scholars issued a Fatwa that the pilgrims in those tents [located outside the boundaries of Mina] are not sinful and they are not required to do anything.
Majmoo’ Fataawi Ibn Baaz 
reads: “Question: Due to the place of camps being subject to the distribution of the Ministry of Hajj and Endowment, and to the principality of the area of Makkah, as the distribution of the land in Mina is done by them, and no camp has the right to refuse the land that was given to it even though it is outside the boundaries of Mina and because the Ministry says: Mina cannot hold the increasing number of the pilgrims; rather, it is narrow for them, and it is for this reason that they gave our Hajj campaign a land outside the boundaries of Mina, noting that we tried to get another land instead but in vain, so we accepted the location out of compulsion as it has all the services, toilets, electricity and so forth. Then, what is the religious ruling on this matter? What is your advice to us and to all our pilgrims, may Allaah reward you?
The Shaykh (i.e. Ibn Baaz ) answered by saying: “You are not sinful for that and you are not required to offer a sacrifice as Allaah Says (what means): {So fear Allaah as much as you are able.}[Quran 64:16], and the Prophet said: “If I order you to do something, then do of it as much as you can.” May Allaah enable everyone (to do good).”
However, if you were able to find a place inside Mina, then you are obliged to offer a sacrifice as you did not stay overnight in Mina, even though you were unaware of its boundaries. One Fatwa of Shaykh Ibn Baaz reads: “If a person fails to stay overnight in Mina out of ignorance of its boundaries while being able to stay overnight inside it, then he has to offer a sacrifice as he left an obligation without a sound reason because he was obligated to ask about that so that he would fulfill the obligation (of staying overnight inside the boundaries of Mina).”
For more benefit, please refer to Fataawa 89360 and 114959.
Allaah Knows best.
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