the obligation of the dhuww. As for when he stays during the night only, it suffices him and no dhuww is incumbent upon him, because whoever reaches the night alone cannot perform the stay during the day, so it is not specifically binding upon him, and no dhuww is required for abandoning it, unlike one who reaches it during the day. As for his statement: "or departs before the Imam," its outward meaning is that he made a dhuww incumbent by that, even if he departs after sunset. Al-Athram narrated from Ahmad that he said: I heard him being asked about a man who departed from 'Arafat before the Imam after the sun had set? He said: I have not found anyone who treats it lightly; they all treat it strictly. He said: And I do not like for one to depart before the Imam. From 'Ata', upon him is a sheep if he departs before the Imam. It was said: So he departs from Muzdalifah before the Imam? He said: Muzdalifah in my view is not 'Arafat. And he mentioned the hadith of Ibn 'Umar, that he departed before Ibn al-Zubayr. Other than al-Khiraqi among our companions did not make anything obligatory by that, nor did they count departing with the Imam among the duties. This is the correct view; for following the Imam and the actions of the nusuk (ritual) with him is not obligatory in the rest of the Hajj rituals, so it is the same here. The departure of the Companions with the Prophet (may Allah bless him and grant him peace) merely occurred as a matter of custom, so it does not indicate obligation, like departing with him from Muzdalifah, the departure from Mina, and other than that; and that is not an act of the Prophet (may Allah bless him and grant him peace) such that it would enter into the generality of his saying: "Take your rituals from me."

683 - Issue: He said: (And whoever departs from Muzdalifah before the middle of the night, other than the shepherds and those in charge of the water-supply for the pilgrims, owes a dhuww).

The entirety of this is that spending the night in Muzdalifah is an obligation, and a dhuww is incumbent upon one who abandons it, whether he abandons it intentionally or by mistake, knowingly or ignorantly, because he has abandoned a ritual, and forgetfulness has its effect on the abandonment of something existing