عنوان مقاله [English]
This research reviews the ruling of devotional halt at land of Mash'ar-ul-Harâm after the midnight of 'Eid-ul-Adha until before the dawn. An inquiry into the words of scholars indicates this ruling is controversial among jurists. The words of most of the jurists indicate that staying (mabit) at Mash'ar-ul-Harâm is obligatory. However, in the view of a number of late and contemporary scholars, staying until before down at Mash'ar-ul-Harâm is not obligatory. Some others decreed that pilgrims should be precocious about it. In order to prove the obligation of staying at Mash'ar-ul-Harâm the authors have cited to the practice of the Holy Prophet (PBUH) and the Infallible Imams (AS) as well as the traditions that allow women’s moving to Mina in advance. However, in the view of those who believe it is not obligatory, the evidences of the jurists is not sufficient to prove the obligation of staying at Mash'ar-ul-Harâm at this period of time, because the Holy Prophet (PBUH)’s Practice (Sirah) by itself does not indicate its obligation. The permission of moving toward Mina in advance can also be a reason for facilitating the performing of rituals for those who have difficulties, without indicating the obligation of staying at night for the whole pilgrims. The research have used a documentary and library method. The results of the study show that the available evidences do not support the theory of the obligation of staying (mabit) at Mash'ar-ul-Harâm and the words of those who believe it is not obligatory is more nearer to the correct ruling.