After completing the tawaf, the pilgrim must return to Mina during what are called Layali al‑Tashriq, which are the nights of the l lth, 12th, and 13th‑‑with the exception of him who being in a hurry departs after midday and before sunset on the 12th; there being nothing against him who leaves under these circumstances on the third day, in accordance with the verse:
...He that departs on the second day incurs no sin .... (2:203)
According to Abu Hanifah, to stay overnight in Mina is sunnah not wajib. Those who consider it wajibagree that it is a rite and not a rukn. They disagree, however, regarding the necessity of kaffarah upon the defaulter. According to Ahmad ibn Hanbal, there is none; according to al‑Shafi`i, a mudd (al‑Tadhkirah, al‑Mughni, Fiqh al‑Sunnah); and according to Malikis, a sacrifice (al‑Zarqani's sharh of Malik's Muwatta'). According to the Irnamiyyah, "If one spends the night at a place other than Mina, there is nothing upon him if he spends it at Makkah praying all the night until morning; but if the night is spent there without prayer, or somewhere else, in prayer or otherwise, he must sacrifice a sheep, even if the default was on account of oversight or ignorance". (al‑Sayyid al‑Hakim's Manahij al‑nasikin).
There is no obligatory rite for the nights in Mina, though spending them in prayer and worship in mustahabb.
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