Light on the Path-113b
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The questioner : His first question: Is it permissible for someone who is not in the state of ihram to perform the stoning of the pillars on behalf of a pilgrim who is unable to stone?
The Shaykh : First, and before I answer this question,
The questioner : Yes.
The Shaykh : I would like to point out this issue, which is the issue of appointing a proxy for the stoning. People have been extremely negligent about it, to the point that they consider it something of no importance. The stoning of the pillars is one of the obligatory acts of Hajj that a person who has entered the state of ihram for Hajj must perform himself.
The questioner : Yes.
The Shaykh : This is based on the saying of Allah the Exalted:[Al-Baqarah 2:196] This command implies that a person must complete all the parts of Hajj without appointing anyone to do them for him. But, unfortunately, some people have become lax in this matter, to the extent that you find a strong, young man appointing someone to stone for him, or a woman who is able to stone herself appointing someone to stone for her. This is a great error. If a person appoints someone to stone for him while he is able to stone, it does not suffice for him, even if this proxy or agent stones for him. Some people say that women need to appoint a proxy because of the crowding and mixing with men.
The questioner : Yes.
The Shaykh : We say to them that this does not permit them to appoint a proxy. The Prophet (peace and blessings be upon him) did not give permission to Sawdah bint Zam‘ah, one of his wives, who was stout and heavy, to appoint a proxy. Rather, he gave her permission to depart from Muzdalifah at the end of the night, before the crowd. If appointing a proxy had been permissible, he would have ordered her to remain in Muzdalifah until she prayed Fajr, then depart and appoint a proxy for the stoning, if appointing a proxy had been permissible. Then we say that the issue of crowding applies even to the tawaf and the sa‘y, and in fact it is more dangerous and greater in the tawaf and sa‘y, because in the stoning, people are not all moving in the same direction; some come and some go. Also, they are in a state of haste, without calmness or composure. This is unlike the tawaf, where their direction is the same and their walking is slow. Therefore, the fitnah in the tawaf is more dangerous, as it is possible that some open sinners, may Allah protect us from that, may take advantage of a woman by being close to her during the tawaf from its beginning to its end. The danger there is greater, and yet no one has said that a woman, due to the crowding in the tawaf, should appoint someone to perform the tawaf for her.
Accordingly, it is obligatory for the pilgrim, whether his Hajj is obligatory or voluntary, to stone himself. If he is unable, such as a pregnant woman, a sick person, or an old man who cannot do it, then he appoints a proxy in this case. If it had not been narrated from the Companions that they used to stone on behalf of children, we would have said that if a person is unable, he does not appoint a proxy, but the obligation is dropped from him, because obligatory acts are dropped due to inability. But because appointing a proxy in the original ruling of Hajj is for one who is unable due to an inability that is not expected to end, and it was narrated from the Companions that they used to stone on behalf of children, we said that it is permissible to appoint a proxy for the stoning for one who is unable to do it.
As for the one for whom the stoning is difficult due to the crowding, that is not an excuse for him to appoint a proxy. Rather, we say to him: stone yourself. If you can handle the crowding, stone during the day. If the crowding is difficult for you, stone at night, for the matter in that is broad. The Messenger (peace and blessings be upon him) set the time for the first stoning on the days of Tashriq but did not set a time for the last stoning, which indicates that the last stoning does not have a limited time.
The questioner : Yes.
The Shaykh : A person stones according to what is easy for him. Stoning at night is not prohibited, and the stoning is not a daytime act of worship. In fact, those whom the Messenger (peace and blessings be upon him) permitted to depart from Muzdalifah at the end of the night used to stone when they arrived. It was narrated from Asma’ bint Abi Bakr (may Allah be pleased with her) that she used to stone and then pray Fajr. This is evidence that the matter in that is broad. What the Shari'ah has limited, we adhere to the limit, and what it has left open, that is from the generosity and bounty of Allah (Glorified and Exalted is He). Yes, if it were the case that a person’s home is far and it is difficult for him to go back and forth to the pillars every day, he may combine that to the last day, because the Messenger (peace and blessings be upon him) permitted the camel herders to stone one day and leave a day, then stone on the third day for the two days. So if it is the case that a person’s home is far and it is difficult for him to come every day, he may combine. But without difficulty, it is not permissible to delay the stoning of each day to the following day.
As for the answer to the question, which is whether it is permissible to appoint someone who is not in the state of ihram to perform the stoning of the pillars, the jurists (may Allah have mercy on them) said that it is not valid to appoint anyone except one who performed Hajj that year.
The questioner : Yes.
The Shaykh : And Allah knows best.
The questioner : May Allah reward you with good.
The Shaykh : First, and before I answer this question,
The questioner : Yes.
The Shaykh : I would like to point out this issue, which is the issue of appointing a proxy for the stoning. People have been extremely negligent about it, to the point that they consider it something of no importance. The stoning of the pillars is one of the obligatory acts of Hajj that a person who has entered the state of ihram for Hajj must perform himself.
The questioner : Yes.
The Shaykh : This is based on the saying of Allah the Exalted:
And complete the Hajj and 'umrah for Allah
وأتموا الحج والعمرة للهThe questioner : Yes.
The Shaykh : We say to them that this does not permit them to appoint a proxy. The Prophet (peace and blessings be upon him) did not give permission to Sawdah bint Zam‘ah, one of his wives, who was stout and heavy, to appoint a proxy. Rather, he gave her permission to depart from Muzdalifah at the end of the night, before the crowd. If appointing a proxy had been permissible, he would have ordered her to remain in Muzdalifah until she prayed Fajr, then depart and appoint a proxy for the stoning, if appointing a proxy had been permissible. Then we say that the issue of crowding applies even to the tawaf and the sa‘y, and in fact it is more dangerous and greater in the tawaf and sa‘y, because in the stoning, people are not all moving in the same direction; some come and some go. Also, they are in a state of haste, without calmness or composure. This is unlike the tawaf, where their direction is the same and their walking is slow. Therefore, the fitnah in the tawaf is more dangerous, as it is possible that some open sinners, may Allah protect us from that, may take advantage of a woman by being close to her during the tawaf from its beginning to its end. The danger there is greater, and yet no one has said that a woman, due to the crowding in the tawaf, should appoint someone to perform the tawaf for her.
Accordingly, it is obligatory for the pilgrim, whether his Hajj is obligatory or voluntary, to stone himself. If he is unable, such as a pregnant woman, a sick person, or an old man who cannot do it, then he appoints a proxy in this case. If it had not been narrated from the Companions that they used to stone on behalf of children, we would have said that if a person is unable, he does not appoint a proxy, but the obligation is dropped from him, because obligatory acts are dropped due to inability. But because appointing a proxy in the original ruling of Hajj is for one who is unable due to an inability that is not expected to end, and it was narrated from the Companions that they used to stone on behalf of children, we said that it is permissible to appoint a proxy for the stoning for one who is unable to do it.
As for the one for whom the stoning is difficult due to the crowding, that is not an excuse for him to appoint a proxy. Rather, we say to him: stone yourself. If you can handle the crowding, stone during the day. If the crowding is difficult for you, stone at night, for the matter in that is broad. The Messenger (peace and blessings be upon him) set the time for the first stoning on the days of Tashriq but did not set a time for the last stoning, which indicates that the last stoning does not have a limited time.
The questioner : Yes.
The Shaykh : A person stones according to what is easy for him. Stoning at night is not prohibited, and the stoning is not a daytime act of worship. In fact, those whom the Messenger (peace and blessings be upon him) permitted to depart from Muzdalifah at the end of the night used to stone when they arrived. It was narrated from Asma’ bint Abi Bakr (may Allah be pleased with her) that she used to stone and then pray Fajr. This is evidence that the matter in that is broad. What the Shari'ah has limited, we adhere to the limit, and what it has left open, that is from the generosity and bounty of Allah (Glorified and Exalted is He). Yes, if it were the case that a person’s home is far and it is difficult for him to go back and forth to the pillars every day, he may combine that to the last day, because the Messenger (peace and blessings be upon him) permitted the camel herders to stone one day and leave a day, then stone on the third day for the two days. So if it is the case that a person’s home is far and it is difficult for him to come every day, he may combine. But without difficulty, it is not permissible to delay the stoning of each day to the following day.
As for the answer to the question, which is whether it is permissible to appoint someone who is not in the state of ihram to perform the stoning of the pillars, the jurists (may Allah have mercy on them) said that it is not valid to appoint anyone except one who performed Hajj that year.
The questioner : Yes.
The Shaykh : And Allah knows best.
The questioner : May Allah reward you with good.