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Penalty for Hajj

Answered according to Hanafi Fiqh by Askimam.org
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Asalamu alykum,my friend along with his wife,mother and kids didn’t offered fajr at muzdalifah on 10th (youm u nahar)as they were forced to leave muzdalifah during mid night(near abt 12:30)of 9th does penalty suffices(dumm).as they were told u have small kids and women folk with u for their safety u have to leave muzdalifah during night.according to hanafi school of thought its wajib to spent some time in between fajr to tullu in muzdalifah and he wasn’t able to stay does penalty suffices plz reply 

Jaza kallah khair

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, if a fit and healthy person misses wuqoof-e-muzdalifah between subah sadiq [pre-dawn] and sunrise, then damm will be wajib upon him. [1] [2]

In the enquired situation, one damm will be wajib upon your friend.

And Allah Ta’āla Knows Best

Anas Sharieff Qasmi.

Student Darul Iftaa

Hyderabad, India.

Checked and Approved by,
Mufti Ebrahim Desai.

_____

[1]فإن كان رجلا  يخاف الزحام  لا لنحو عجز أو مرض فتركه يلزمه دم  [غنية الناسك:١166]

[2]اگر کوئی صحت مند  اور طاقتور مرد محض بھیڑکے خطرہ سے وقوف مزدلفہ ترک کردے گا تو اس پر حسب ضابطہ دم لازم ہوگا [کتاب المسائل :٣/٣١٤] 

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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