The ruling on stoning the pillars before the sun passes its zenith and relying on the opinion of those who permit it
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Question:
May Allah reward you with good. This questioner says: My father and my mother, Honorable Shaykh, performed Hajj four years ago with one of the tour guides, and this guide took them out on the second day of Tashreeq before the sun passed its zenith, meaning they stoned the pillars before the sun passed its zenith. They have asked about this, and some of those they believe to be scholars have permitted it for them. Please inform us, may Allah reward you with good, what is required of them?
Answer:
We advise them that they owe a blood sacrifice. There is a weak opinion held by some scholars that it is permissible to throw the pebbles before the sun passes its zenith, and some scholars said it is permissible on the day of departure. All of these opinions are weak and should not be relied upon. This is a general rule: anything that contradicts what the Messenger (peace and blessings be upon him) and his Companions did is not to be relied upon, even if a great scholar says so. Allah says:[An-Nisa 4:59] He did not say, "Refer it to Malik, or Ahmad, or Abu Hanifah, or al-Shafi'i, or al-Azraqi, or so-and-so, or so-and-so." No, He said, "Refer it to Allah and the Messenger" [An-Nisa 4:59]. If the outcome is good, then the Messenger threw the pebbles after the sun passed its zenith, and the Companions threw the pebbles after the sun passed its zenith. Who are the people after these? Who are the people after these? No one after these. These are the people. They are the role models. [Al-Ahzab 33:21] And Allah says: [At-Tawbah 9:100]
So no one should ever stone before the sun passes its zenith. Even if some scholars said it is permissible—may Allah forgive you, you erred, and may Allah forgive you—we pray for them for mercy and say, "May Allah forgive them, they erred," but we do not follow them. And the Exalted and Majestic says:[Ash-Shuraa 42:10] The ruling is not with Zayd or 'Amr, and whatever you differ over, its ruling is with Allah, with the Qur'an and the Sunnah. This is the meaning of "its ruling is with Allah," with the Book of Allah and the Sunnah of the Messenger (peace and blessings be upon him). So if we differ with the tribes or some people regarding stoning before the sun passes its zenith, the ruling is with Allah. Did the Messenger (peace and blessings be upon him) stone before the sun passed its zenith? No, but he stoned after the sun passed its zenith. Yes.
May Allah reward you with good. This questioner says: My father and my mother, Honorable Shaykh, performed Hajj four years ago with one of the tour guides, and this guide took them out on the second day of Tashreeq before the sun passed its zenith, meaning they stoned the pillars before the sun passed its zenith. They have asked about this, and some of those they believe to be scholars have permitted it for them. Please inform us, may Allah reward you with good, what is required of them?
Answer:
We advise them that they owe a blood sacrifice. There is a weak opinion held by some scholars that it is permissible to throw the pebbles before the sun passes its zenith, and some scholars said it is permissible on the day of departure. All of these opinions are weak and should not be relied upon. This is a general rule: anything that contradicts what the Messenger (peace and blessings be upon him) and his Companions did is not to be relied upon, even if a great scholar says so. Allah says:
And if you disagree over anything, refer it to Allah and the Messenger
فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِAnd if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًاThere has certainly been for you in the Messenger of Allah an excellent pattern
لَّقَدْ كَانَ لَكُمْ فِي رَسُولِ اللَّهِ أُسْوَةٌ حَسَنَةٌAnd the first forerunners [in the faith] among the Muhajireen and the Ansar and those who followed them with good conduct - Allah is pleased with them and they are pleased with Him
وَالسَّابِقُونَ الْأَوَّلُونَ مِنَ الْمُهَاجِرِينَ وَالْأَنصَارِ وَالَّذِينَ اتَّبَعُوهُم بِإِحْسَانٍ رَّضِيَ اللَّهُ عَنْهُمْ وَرَضُوا عَنْهُSo no one should ever stone before the sun passes its zenith. Even if some scholars said it is permissible—may Allah forgive you, you erred, and may Allah forgive you—we pray for them for mercy and say, "May Allah forgive them, they erred," but we do not follow them. And the Exalted and Majestic says:
And in anything over which you disagree - its ruling is [to be referred] to Allah.
وَمَا اخْتَلَفْتُمْ فِيهِ مِن شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِ
Source
فتاوى الحج 1410 هـ - 7 — archive.org (33:52)
The Arabic text is a machine transcription of the audio recording.