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In Allah's name:
Most Merciful, Compassionate

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Praise be to Allah,
Lord of the worlds.

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And peace and blessings be upon
our Prophet, Muhammad, best of messengers.

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And upon his family and
Companions, and those who

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follow his guidance and
walk in his footsteps till Judgment Day.

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Since I will skip thanks
and move into this paper's sections.

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This paper has an introduction
and five applications.

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In the introduction, I referred
to the conditions, or what is intended.

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And I summarize what
the esteemed scholars graciously stated.

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That taking disagreement into account
has three meanings.

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The first meaning is ease.

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The easier view
in disagreement.

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Meaning that a scholar issues a fatwa
with the easier view he does not prefer.

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And that is the well-known
Maliki way of considering disagreement.

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And that is what is meant
in this seminar.

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The second meaning is
taking differing views into account.

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by adopting the stricter view.

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that the scholar issues a fatwa
according to a view.

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The stricter, safer view
which he does not prefer.

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And that is precisely
the principle of avoiding disagreement.

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And the maxim:
"Avoiding disagreement is recommended."

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And this is a maxim
among scholars.

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And there is a difference between
considering and avoiding disagreement.

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And the third meaning in this title.

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Taking differing opinions into
account through both proofs' entailments.

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This is the well-known term in
fiqh maxims: "applying both principles."

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Conditions for fatwa
with regard to disagreement.

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In general:
the disagreement must be strong.

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And considering it should not lead
to breaking consensus or forbidden talfiq.

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And considering it should not cause
another disagreement.

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And that the one considering disagreement
not abandon his madhhab entirely.

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And that it should not lead
to a prohibited act

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by leaving an established Sunnah
or doing something disliked.

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And that such consideration be
after the issue has occurred.

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The honored scholars have already
pointed to such meanings.

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Guidelines for ifta with due
regard to differing views.

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Some researchers summed them up
in five rules. Only a mujtahid may do so.

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And that such consideration
remain contrary to the basic rule.

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so the exception

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does not become the rule,
for it is only an exception.

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And that regard for disagreement
does not apply to every dispute.

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And regard for disagreement applies
to fatwas.

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Not for the mujtahid's own practice.

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And that considering disagreement
should achieve the objectives of Sharia.

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As for the applications,
the first one.

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I was keen that the applications
relate to Hajj, 'umrah, and Haramain.

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The first application.

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Scholars differed over whether Hajj
must be done at once or delayed.

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The majority of scholars said
that Hajj is due immediately.

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So whoever became obligated
to perform Hajj and had the means.

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Then he is sinful for delaying it.

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If he performs it after that,
even years later.

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it is counted as performance,
not make-up, and the sin is lifted.

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And this is the view of Imam Malik,
Imam Ahmad, Abu Hanifah, and others.

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The other view.

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is that it need not be immediate.

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Considering the disagreement
in this issue.

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Shaykh Muhammad al-Amin al-Shinqiti says.

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While marshaling the evidence for Hajj's
immediate obligation, he said, verbatim.

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They replied to their claim
that whoever could perform Hajj.

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then delayed it, then did it,
is not rejected.

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His testimony in the period
between delaying it and performing it.

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Even if the delay had been forbidden.

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His testimony would be rejected
for committing what is not permitted.

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He says—and his words are:
"Here one may refrain from ruling."

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The shaykh says: refrain from judging
him sinful, out of regard for the dispute.

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Out of regard for the view
that he committed nothing unlawful.

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And the arguable proofs
they cited for it

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by those who allow delay.

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So here the shaykh considered
the dispute and did not deem sinful

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the one who left Hajj while able
and deliberate. The second application.

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The multiplied reward for prayer
in all the mosques of the Haram.

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Without restricting it
to the Ka'bah Mosque.

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So this is a disputed issue.

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Scholars differed over whether the
multiplied reward for prayer in

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the Sacred Mosque extends to all
the Haram mosques, or is

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limited to the Ka'bah Mosque
These are the two views.

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As for the multiplication being general,
it includes all Haram mosques.

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This is the view of the Hanafis
the Shafi'is, and one Hanbali view.

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Ibn al-Qayyim preferred it
and the Permanent Committee ruled so.

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And our shaykh's choice.

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Shaykh Ibn Baz RH.

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The second view: multiplied reward
is only for the Kaaba Mosque, not all.

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the Haram's mosques. This is
the Hanbali madhhab.

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And a view among the Shafi'is.

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It was chosen by some shaykhs,
including Shaykh Ibn 'Uthaymin RH.

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And some contemporaries hold this.

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So, given the disagreement.

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It is that the mujtahid who favors
limiting it to the Kaaba Mosque.

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He refers to the fatwa of one
who sees it as general.

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They hold the first view,
the view of most scholars.

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This is to ease crowding and give
pilgrims and Umrah-goers leeway.

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Third application:

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Standing at Arafah at night,
not by day, on Muzdalifah night.

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To ease the crowding. Of course,
most of these examples are new issues.

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In reducing crowding.

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Scholars unanimously agreed that
standing at Arafah at night is valid.

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per 'Urwah ibn Mudar al-Suda'i's hadith,

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"Even if he did not stand by day."

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The disputed issue is this:
Scholars differed.

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As for one who deliberately missed
the daytime standing without excuse:

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does he owe a sacrifice or not?

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The first view is that he owes
a sacrifice. This is the Maliki madhhab.

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And the majority of scholars hold
that nothing is required of him.

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And this is the view of most
Hanafis, Shafi'is, and Hanbalis.

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Considering the disagreement here.

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That is to adopt the majority view.

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which permits it without requiring
a sacrifice, due to severe crowding.

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In Arafah, perhaps
the authorities saw fit

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to stagger the pilgrims.
Some groups may arrive after sunset.

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Thus, considering disagreement here
means adopting this majority view.

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Fourth application:

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Going early to Arafah on Tarwiyah
Day or the night before the ninth.

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And many Hajj groups do this.

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The scholars unanimously agreed that
staying in Mina on night 9 is Sunnah.

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Whoever omits it, nothing is due.

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And that the Sunnah is
going to Arafah after sunrise

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On the ninth day.

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And the disputed issue
is also a crowding-related one.

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Is crowding considered
a valid excuse to go against the Sunnah?

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Going to Arafah on the eighth
day or the ninth night?

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Scholars discussed this issue
before the crowding crisis.

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Two views. First: going early is
disliked, against the agreed-upon Sunnah.

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This is the majority view.

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The second view allows it
when crowding or danger is feared.

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Some early scholars
stated this plainly.

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And a number of contemporary
scholars have chosen it.

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In this issue, considering differing
views means adopting the second view.

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That is, pilgrims may proceed
and be sent in groups to the sacred site.

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Arafah without dislike, because
of severe crowding on the road

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if they all set out for Arafah at once.

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The fifth application—
perhaps I'll end with it.

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The ruling on staying overnight
in Muzdalifah, its duration and time.

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Scholars differed on the ruling
of staying overnight: three views.

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Some said it is a pillar;
others said it is

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It is obligatory; that is the view
of most scholars. Some say it is Sunnah.

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Under the obligatory view,
they agreed on the required stay.

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That it is what counts as standing:
such as a moment and the like, or passage.

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And the like. But they differed
over when this duty is performed.

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As for its beginning and end,
there were four opinions.

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The first view: from nightfall
to dawn; the Maliki madhhab.

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And the Malikis do not consider
staying after dawn valid.

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The second view is that it is from
midnight till dawn on Sacrifice Day.

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The Shafi'i view.

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And the Hanbalis.

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The third view is that it is from dawn
on the Day of Sacrifice till sunrise.

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The Hanafi view.

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The fourth view is that it is from
midnight until sunrise.

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A view among Malikis
and Shafi'is.

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Ibn Taymiyyah preferred it.
To account for differing views here

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These views may also
be combined.

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For those who deem the stay at
Muzdalifah obligatory, broadening it.

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And that it begin at sunset
on the Day of Arafah.

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until sunrise on the
Day of Sacrifice, while allowing

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those with excuses to limit it
to the minimum required.

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And it is disliked for others.

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And waiving the penalty
for the excused

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for omitting Muzdalifah stay.
Some contemporaries chose this.

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Of course, whoever deems it recommended.

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Staying overnight in Arafah—
I mean, in Muzdalifah.

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Uh, this does not fall within
this difference of opinion.

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A fatwa from Egypt's Dar al-Ifta'
suggests this dispute was considered.

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And that is stated explicitly
in the fatwa.

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The ruling given in these times
of large pilgrim crowds

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is that the overnight stay

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at Muzdalifah is Sunnah

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And it is sufficient for one
seeking the overnight stay.

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One need only remain there
to set down baggage and combine

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Maghrib and Isha.

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This is what I could compile.

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Praise be to Allah, first and last,
outwardly and inwardly.

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May Allah bless our Prophet
and grant him peace.

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Muhammad. I thank the esteemed scholars
and the session chair for patience.

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Allah knows and judges best.

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[Birds chirping].