as if it were non-existent, not that the non-existent is made to be like the existent. However, a concession was granted to those in charge of the water-supply and the camel herds regarding the abandonment of the overnight stay, because the Prophet (may Allah bless him and grant him peace) granted a concession to the shepherds regarding the abandonment of the overnight stay in the hadith of [‘Asim ibn] ‘Adi, and he granted a concession to al-‘Abbas regarding the abandonment of the stay due to his water-supplying, and because they have a hardship in the overnight stay due to their need to guard their livestock and provide water to the pilgrims, so they were permitted to abandon the overnight stay there, like the nights at Mina; and because it is a night in which one throws pebbles the following day, so they were permitted to abandon the overnight stay there, like the nights at Mina. It was narrated from Ahmad that the overnight stay at Muzdalifah is not obligatory, and there is nothing against one who abandons it. The first [view] is the [official] madhhab.

684 - Issue: He said: (And whoever kills, while in a state of ihram, any land game, intentionally or mistakenly, must pay a penalty with its equivalent in livestock, if the killed creature is a beast).

There are six sections in this issue; the first is on the obligation of the penalty upon the muhrim (pilgrim in state of ihram) for killing game in general. The scholars are in agreement regarding its obligation, and Allah the Exalted explicitly stated it by His saying: "O you who believe, do not kill game while you are in a state of ihram. And whoever kills it among you intentionally, then the penalty is an equivalent of what he killed of the livestock" (Al-Ma'idah: 95). We do not know of anyone who disagreed regarding the penalty for killing game intentionally, except al-Hasan and Mujahid, who said: If he kills it intentionally, being mindful of his ihram, there is no penalty upon him, but if he is mistaken or forgetful of his ihram, then the penalty is upon him. This is contrary to the text, for Allah the Exalted said: "And whoever kills it among you intentionally, then the penalty is an equivalent of what he killed of the livestock." And the one who is mindful of his ihram is intentional. He [Allah] also said in the context of the verse: "to taste the consequence of his affair." And the mistaken and the forgetful are not