497. The twelfth rite of the Hajj is the mabeet [stay] in Mina, for it is obligatory on the eve of the 11th and 12th, and on certain occasions on the eve of the 13th too.
498. It is obligatory to observe the mabeet on the eve of the 13th if the sun of the 12thش day set while he had not left Mina, or if he did not abstain from womenb[36]b or hunting. However, if one had abstained from women and hunting, or the sun did not set while he was in Mina, it is permitted for him to leave Mina, after midday / noontime on the 12th [of Dhil-Hejjah]. If one deliberately leaves Mina before midday of the 12th, he has sinned and must return before noontime if possible. In the case of forgetting or oversight, there is no liability.
499. If the sun set on the 12th day while he was in Mina or had not left its limits, even if he was getting ready to leave, or even if he was travelling in a car but still within the limits of Mina, it is obligatory for him to observe the mabeet on the eve of the 13th, as well as performing the Ram'y stoning of the Jamaraat on the 13th day, and may not leave Mina before midday.
500. It is a priority for the [pilgrim] who is performing his First Hajj to observe the mabeet on the eve of the 13th too. This is also applicable to anyone who has breached some of the prohibited acts of the ihraam, or committed a major sin. In fact it is preferred for every pilgrim.
501. The necessary amount of mabeet is one half of the night, whether the first or the second half. Night is defined as from the Adhaan of Maghrib to Adhaan of Fajr. Therefore it is permitted for one to leave Mina after midnight if he had observed mabeet during the first half of night, although it is preferred to observe the mabeet throughout the night until Fajr.
502. It is obligatory to state the niyyah for the mabeet in Mina for the eves of 11th, 12th and 13th in the same way as in other duties and rites. niyyah should be stated after the time of Esha if he had not done so at the time of Maghrib. He should state, "I observe the mabeet this night in Mina seeking nearness to Allah Almighty". Abandoning [the declaration of] the niyyah constitutes a sin, but he is not liable to kaffaarah, although, as a precaution, it is mostahab to give one.
503. If one left Makkah but did not reach Mina or fell asleep on the way [to Mina], or he who had forgotten, or were ignorant of the ruling, or due to an oversight, or was overcome by illness or sleep, and therefore did not manage to observe the mabeet in Mina, he is not liable to anything. The same is applicable if there was no space in Mina to stay for mabeet, or if there was an excuse preventing him from observing the mabeet in Mina, such as fear of an enemy, or disease and such like.
504. It is permissible to engage in acts of worship in Masgid al-Haraam or the Masa [the route between Safa and Marwah], as a substitute for observing the mabeet in Mina. He could go to these two sites, and engage in acts of worship such as prayers, recitation of the Qur'an, reading various Dua and supplications, seeking forgiveness istighfaar performing tawaaf and say. Doing so for one half of the night seems to satisfy the requirement [of mabeet], having the choice between the first half of the night, which is from the Maghrib Adhaan until midnight, and the latter half, which is from midnight to the Fajr Adhaan. In that case, [the requirement] of observing mabeet in Mina is waved.
Notes:
[36] and vice versa.
