the herdsmen, while he waived the requirement of spending the night for them. (1) This indicates that spending the night at Mina—even if we regard it as one of the obligatory rites—is less serious than the stoning. Hence, in our view, some people err when, if told that a man did not spend one night at Mina, they say: “He must offer an expiatory sacrifice.” If they were to say that he must offer an expiatory sacrifice for missing two nights, that would have some basis, since he would then have omitted an entire category of obligatory duty. But if he misses only one of the nights and we say that he must offer an expiatory sacrifice—despite the fact that its being obligatory is itself open to question—then the obligation only applies when he omits this entire category of duty. As for omitting part of it, requiring an expiatory sacrifice from him is clearly questionable. For this reason, Imam Ahmad, may Allah have mercy on him, would sometimes say: “He must give a handful of food,” that is, a palmful. Some scholars say: a dirham or the like.
His statement: “except for those responsible for providing water and tending livestock.”
This implies that those responsible for providing water and tending livestock may forgo spending the night at Muzdalifah. Yet I know of no evidence in the sunnah that people were provided water on the night of Muzdalifah, nor that herdsmen would take the camels out on the night of Muzdalifah, for the following reasons:
First: the herdsmen have no need to graze the animals on the night of Muzdalifah. Rather, the riding animals are with the people, since they are about to depart. How, then, could they be taken out to graze at night, when the pilgrims brought them from Arafah, made them kneel at Muzdalifah, and they will remain there awaiting the pilgrims’ departure the following morning? Is there any need for herdsmen in this case? No. The same applies to the water providers, for people will not go to Mecca to drink Zamzam water before settling at Mina. Thus, exempting water providers and herdsmen from the obligation to spend the night at Muzdalifah is plainly questionable.