THE STAY AT ARAFAAT
The second obligation in Hajj-ul-Tamatoo is the stay at Arafaat to attain nearness to Allah. The requirement is the presence in Arafaat, regardless of whether the pilgrim is riding, walking, sitting or moving.
The boundaries of Arafaat are from Oranah. Thowayeh, Namerah to Dhil Mijaz and Maazamein. Obviously these boundaries are outside the places of stay for the pilgrims.
Apparently, the mountain is within the part of the place for stay but it is recommended to stay on the flat land to the left of the mountain.
One must stay in Arafaat consciously so that sleeping or being unconscious throughout the period will not count as valid stay. However, if the pilgrim commenced the stay consciously, then if he subsequently slept or became unconscious, the stay will not be affected.
As a matter of caution. the stay at Arafaat should be from the beginning of noon on the ninth of Dhil Hijjah till sunset. It is apparent that a delay caused by performance of ghusl or praying zohr and asr jointly is permissible. The stay there for this period is obligatory and whoever omits to do so commits a sin but it is not one of the fundamentals of Hajj, meaning that if one omits to stay there for a portion of the required time, one's Hajj is not invalidated. However, if one deliberately omits to stay there altogether, the Hajj is invalidated. Presence there is one of the fundamentals, not the stay throughout the period.
If a pilgrim forgets to stay at Arafaat or omits to do so out of ignorance or other cause, it is obligatory on him to stay there for a portion of the eve of Idd and his Hajj will be valid. If he fails to stay there at all, his Hajj will be invalidated. This rule applies when he can catch up with the stay at Muzdalifah before sunrise but if he was unsure about reaching Muzdalifah before sunrise he must stay at Arafaat only and his Hajj is valid.
It is forbidden to depart from Arafaat knowingly and deliberately before Maghrib, but doing so does not invalidate the Hajj. There is no penalty on him if the pilgrim repents and returns to Arafaat, otherwise he must sacrifice a camel in Mina and not Makkah as a matter of caution, or, if this is not possible for him, he must observe fast for eighteen days consecutively, in Makkah or on his way home. The same rule applies to one who forgets or ignorant of the rule departs prematurely. It is obligatory on him to return there on remembering or learning the rule, otherwise, as a mater of caution. he must satisfy the stated penalty.
Since some of the ceremonies of the pilgrimage are obligatory on certain days it is the duty of the pilgrim to investigate the sighting of the moon for the month of Dhul Hijjah so that he can perform the ceremonies at the correct times.
If the Qadhi of the holy places proclaims the sighting of the moon but it was not established according to the religious criteria, then it may said to be acceptable for those convinced that the proclamation was correct. They must abide by it and their pilgrimage is valid, otherwise it will be invalidated. Furthermore, it may be said that to follow the proclamation of such a Qadhi is sufficient even though the pilgrim is not convinced about it, especially when taqiyyah requires such a practice. But both the views are not approved, then if it was possible for the pilgrim to perform all the ceremonies on the fixed times according to the conviction of the pilgrim, his pilgrimage is valid. Otherwise, if he ignores the opinion of the Qadhi regarding the two stays his Pilgrimage is invalidated; however, if he follows the opinion of the Qadhi without making investigations the validity of his pilgrimage is arguable.