The Ruling on Defects in Agency
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Fatwa No. ( 14752 )
The questioner: May Allah guide me. I performed Hajj in 1411 AH with my brothers and their families. I am not married to any of the women present, except that I am the uncle of some of them, namely my brothers' daughters. We performed the rites of Hajj as follows: First, we entered Makkah with the intention of 'Umrah, combining it with Hajj (tamattu'). We performed all the rites of 'Umrah and exited the state of ihram. Second, we entered the state of ihram on the morning of the eighth day and headed to Mina, but we could not find a place for us there, so we stayed overnight in Muzdalifah. Third, on the ninth day, we proceeded to 'Arafah in the morning until sunset. Fourth, we left 'Arafah and arrived at our lodging in Muzdalifah. After the 'Isha' prayer, we performed the Maghrib and 'Isha' prayers together. Fifth, we moved from Muzdalifah at one o'clock in the morning to Mina to stone the first (largest) pillar of the Jamarat al-'Aqabah. As I mentioned, women were with us, and we stoned the pillar after midnight. Sixth, after that, we all headed to the Sacred House and performed the Tawaf
of arrival before the Fajr prayer, and we performed Sa'y and shaved our heads. It is known that we paid for the sacrificial animals through Al-Rajhi Bank to benefit from the meat of the hady and udhiyah. Thus, we completed the full exit from the state of ihram. Seventh, on the eleventh day, we went to stone the small, middle, and large pillars. I was appointed as an agent for my sister's daughter, and out of diligence, I stoned on her behalf before stoning for myself. Eighth, we set out very early in the morning of the twelfth day and performed the Farewell Tawaf. This was done based on a fatwa my brother received from one of the Shaykhs, may Allah reward them with good. We prayed Fajr in the Haram and went out to al-Abtah. Ninth, before the sun reached its zenith on the twelfth day, we moved from al-Abtah to the pillars. We were very tired, and our women were alone in al-Abtah. About an hour and a half before the zenith, we stoned the small, middle, and large pillars in sequence, then returned to al-Abtah and left Makkah. May Allah prolong your life. My question, after my return, is that I was told I owe an expiation, and the reasons are as follows: 1 - That I stoned for my client before myself. 2 - That we all owe an expiation because we performed the Farewell Tawaf before stoning.
My dear father, after hearing how I and my brothers performed the rites, please inform us of what we must do, and whether our Hajj is valid. It is known that this is our first Hajj, except for three of our colleagues. Please inform us, may Allah reward you
The Shaykh: First, it is the Sunnah for one who is not accompanied by any of the weak to remain in Muzdalifah until he prays Fajr, and to supplicate to Allah and praise Him until it becomes light, then to proceed to Mina. However, since your departure from Muzdalifah was after midnight, we hope there is no blame on you for that. Likewise, there is no blame in your staying and lodging in Muzdalifah during the days of Tashreeq after it became difficult for you to find a place in Mina. Second, it is obligatory for the agent to stone for himself first, then stone for his client. And stoning is not valid except after the sun reaches its zenith on the days of Tashreeq. Therefore, each of you owes an expiation for stoning before the zenith, and due to the error of prioritizing your clients over yourself in stoning. The expiation is a sheep that is acceptable as an 'Id sacrifice, slaughtered in Makkah and distributed to the poor of the Haram. And whoever does not find one must fast for ten days. Third, the Farewell Tawaf is not valid except after completing all the acts of the rites. And since you performed the Farewell Tawaf before stoning on the first day of departure
it is obligatory for each of you to pay an expiation like the expiation obligatory for leaving the stoning. The expiation is as mentioned before, and whoever cannot afford it must fast for ten days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions
The questioner: May Allah guide me. I performed Hajj in 1411 AH with my brothers and their families. I am not married to any of the women present, except that I am the uncle of some of them, namely my brothers' daughters. We performed the rites of Hajj as follows: First, we entered Makkah with the intention of 'Umrah, combining it with Hajj (tamattu'). We performed all the rites of 'Umrah and exited the state of ihram. Second, we entered the state of ihram on the morning of the eighth day and headed to Mina, but we could not find a place for us there, so we stayed overnight in Muzdalifah. Third, on the ninth day, we proceeded to 'Arafah in the morning until sunset. Fourth, we left 'Arafah and arrived at our lodging in Muzdalifah. After the 'Isha' prayer, we performed the Maghrib and 'Isha' prayers together. Fifth, we moved from Muzdalifah at one o'clock in the morning to Mina to stone the first (largest) pillar of the Jamarat al-'Aqabah. As I mentioned, women were with us, and we stoned the pillar after midnight. Sixth, after that, we all headed to the Sacred House and performed the Tawaf
of arrival before the Fajr prayer, and we performed Sa'y and shaved our heads. It is known that we paid for the sacrificial animals through Al-Rajhi Bank to benefit from the meat of the hady and udhiyah. Thus, we completed the full exit from the state of ihram. Seventh, on the eleventh day, we went to stone the small, middle, and large pillars. I was appointed as an agent for my sister's daughter, and out of diligence, I stoned on her behalf before stoning for myself. Eighth, we set out very early in the morning of the twelfth day and performed the Farewell Tawaf. This was done based on a fatwa my brother received from one of the Shaykhs, may Allah reward them with good. We prayed Fajr in the Haram and went out to al-Abtah. Ninth, before the sun reached its zenith on the twelfth day, we moved from al-Abtah to the pillars. We were very tired, and our women were alone in al-Abtah. About an hour and a half before the zenith, we stoned the small, middle, and large pillars in sequence, then returned to al-Abtah and left Makkah. May Allah prolong your life. My question, after my return, is that I was told I owe an expiation, and the reasons are as follows: 1 - That I stoned for my client before myself. 2 - That we all owe an expiation because we performed the Farewell Tawaf before stoning.
My dear father, after hearing how I and my brothers performed the rites, please inform us of what we must do, and whether our Hajj is valid. It is known that this is our first Hajj, except for three of our colleagues. Please inform us, may Allah reward you
The Shaykh: First, it is the Sunnah for one who is not accompanied by any of the weak to remain in Muzdalifah until he prays Fajr, and to supplicate to Allah and praise Him until it becomes light, then to proceed to Mina. However, since your departure from Muzdalifah was after midnight, we hope there is no blame on you for that. Likewise, there is no blame in your staying and lodging in Muzdalifah during the days of Tashreeq after it became difficult for you to find a place in Mina. Second, it is obligatory for the agent to stone for himself first, then stone for his client. And stoning is not valid except after the sun reaches its zenith on the days of Tashreeq. Therefore, each of you owes an expiation for stoning before the zenith, and due to the error of prioritizing your clients over yourself in stoning. The expiation is a sheep that is acceptable as an 'Id sacrifice, slaughtered in Makkah and distributed to the poor of the Haram. And whoever does not find one must fast for ten days. Third, the Farewell Tawaf is not valid except after completing all the acts of the rites. And since you performed the Farewell Tawaf before stoning on the first day of departure
it is obligatory for each of you to pay an expiation like the expiation obligatory for leaving the stoning. The expiation is as mentioned before, and whoever cannot afford it must fast for ten days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.