Stoning the Aqabah Pillar after midnight
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Fatwa number ( 20161 )
Q: May Allah guide me, for I was able to perform Hajj to His Sacred House this year. However, there is a matter that greatly troubled and worried me during my Hajj. When we left 'Arafah on the ninth day and headed to Muzdalifah , we arrived at Muzdalifah at 10:30 PM. We prayed Maghrib and 'Isha' combined and shortened. I wanted to stay overnight in Muzdalifah until the dawn, but my husband and the men with him, who had women with them, insisted on leaving Muzdalifah at 12:00 AM. They believed that because they had women with them, and all the women were weak, they were under their care. We arrived at Mina at 1:00 AM and stoned the Aqabah Pillar at 1:15 AM that same night. I had questions about our leaving Muzdalifah : was it correct or not? I was very concerned and asked many people, and my husband was also concerned and asked many people. Many sheikhs answered him that our action was correct and there was no error in it. Then a sheikh named Salih al-Ghazali answered us that we had to enter the state of ihram again, meaning: wear the clothes of ihram and repeat the stoning. This was on the Day of 'Id, so my husband wore the clothes of ihram and made the intention, and I also made the intention of ihram, because a woman does not have specific clothing for it. We went on the tenth day itself, the "Day of 'Id," and stoned the Aqabah Pillar, then we exited our ihram as the aforementioned sheikh saw fit. He also issued a fatwa to us that we had to offer a "sacrifice" for each
person. We delayed the sacrifice until we could ask and confirm whether it was obligatory for us or not. So, is our leaving Muzdalifah at 12:00 AM correct? And is our stoning of the Aqabah Pillar at 1:15 AM correct? And does my concern in asking and my eagerness for the answer, and my husband's eagerness to give me the answer, count as extremism, argumentation, or open sinfulness in Hajj? And is our second action, which was repeating the ihram and stoning the Aqabah Pillar, then exiting the ihram, an error for which we are sinful? And do we have to offer an expiation, or does it invalidate our Hajj and require us to repeat it?
A : Staying overnight in Muzdalifah is an obligatory duty of Hajj. The stay is achieved by the pilgrim remaining there for most of the night. Since you left Muzdalifah at 12:00 AM as you mentioned, there is no blame on you for that; because the night had passed its midpoint, and there is no blame in leaving Muzdalifah after half the night for the weak among women and the like of them, and those who follow them. Your stoning of the Aqabah Pillar at night at the time mentioned is valid and sufficient for you; because a dispensation was granted to the weak among women, the elderly, and those who follow them to stone in the latter half of the Night of Sacrifice before the crowd, to be gentle with them and to remove hardship from them. And what you did of repeating the wearing of ihram after the first exit from ihram and stoning the Aqabah Pillar has no standing, it does not take effect, and there is no sin on you nor any expiation for it; because the first exit from ihram was achieved by stoning
the Aqabah Pillar and shaving or cutting the hair. As for your question about matters of your religion that arise for you to know the Islamic ruling, that is not extremism, argumentation, or open sinfulness in Hajj. Rather, that is prescribed; so that the Muslim is aware of his religion and performs what Allah has made obligatory upon him as He has prescribed. And you should not ask about matters of your religion and your worldly affairs except from one who is trusted in his knowledge and his fatwa. Allah the Exalted said:[An-Nahl 16:43] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: May Allah guide me, for I was able to perform Hajj to His Sacred House this year. However, there is a matter that greatly troubled and worried me during my Hajj. When we left 'Arafah on the ninth day and headed to Muzdalifah , we arrived at Muzdalifah at 10:30 PM. We prayed Maghrib and 'Isha' combined and shortened. I wanted to stay overnight in Muzdalifah until the dawn, but my husband and the men with him, who had women with them, insisted on leaving Muzdalifah at 12:00 AM. They believed that because they had women with them, and all the women were weak, they were under their care. We arrived at Mina at 1:00 AM and stoned the Aqabah Pillar at 1:15 AM that same night. I had questions about our leaving Muzdalifah : was it correct or not? I was very concerned and asked many people, and my husband was also concerned and asked many people. Many sheikhs answered him that our action was correct and there was no error in it. Then a sheikh named Salih al-Ghazali answered us that we had to enter the state of ihram again, meaning: wear the clothes of ihram and repeat the stoning. This was on the Day of 'Id, so my husband wore the clothes of ihram and made the intention, and I also made the intention of ihram, because a woman does not have specific clothing for it. We went on the tenth day itself, the "Day of 'Id," and stoned the Aqabah Pillar, then we exited our ihram as the aforementioned sheikh saw fit. He also issued a fatwa to us that we had to offer a "sacrifice" for each
person. We delayed the sacrifice until we could ask and confirm whether it was obligatory for us or not. So, is our leaving Muzdalifah at 12:00 AM correct? And is our stoning of the Aqabah Pillar at 1:15 AM correct? And does my concern in asking and my eagerness for the answer, and my husband's eagerness to give me the answer, count as extremism, argumentation, or open sinfulness in Hajj? And is our second action, which was repeating the ihram and stoning the Aqabah Pillar, then exiting the ihram, an error for which we are sinful? And do we have to offer an expiation, or does it invalidate our Hajj and require us to repeat it?
A : Staying overnight in Muzdalifah is an obligatory duty of Hajj. The stay is achieved by the pilgrim remaining there for most of the night. Since you left Muzdalifah at 12:00 AM as you mentioned, there is no blame on you for that; because the night had passed its midpoint, and there is no blame in leaving Muzdalifah after half the night for the weak among women and the like of them, and those who follow them. Your stoning of the Aqabah Pillar at night at the time mentioned is valid and sufficient for you; because a dispensation was granted to the weak among women, the elderly, and those who follow them to stone in the latter half of the Night of Sacrifice before the crowd, to be gentle with them and to remove hardship from them. And what you did of repeating the wearing of ihram after the first exit from ihram and stoning the Aqabah Pillar has no standing, it does not take effect, and there is no sin on you nor any expiation for it; because the first exit from ihram was achieved by stoning
the Aqabah Pillar and shaving or cutting the hair. As for your question about matters of your religion that arise for you to know the Islamic ruling, that is not extremism, argumentation, or open sinfulness in Hajj. Rather, that is prescribed; so that the Muslim is aware of his religion and performs what Allah has made obligatory upon him as He has prescribed. And you should not ask about matters of your religion and your worldly affairs except from one who is trusted in his knowledge and his fatwa. Allah the Exalted said:
So ask the people of the message if you do not know.
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لاَ تَعْلَمُونَ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.