Ruling on the one who issued a fatwa permitting the stoning of the pillars on the twelfth day before the sun reaches its zenith
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Your Eminence! Two men and two women stoned the pillars on the twelfth day after the Fajr prayer,And they said: on the basis that we were issued a fatwa permitting that, so what is your opinion?
Did they consult someone they trust in his knowledge? The one who issued them the fatwa is not with us; because it is not permissible to stone the pillars on the twelfth day before the sun reaches its zenith, nor on the eleventh day, nor on the thirteenth day. This is because the Prophet (peace and blessings be upon him) would seize the time when the sun reached its zenith, and from the moment it reached its zenith he would stone before praying the Zuhr prayer. This indicates that he (peace and blessings be upon him) was waiting for the zenith with intense anticipation. If it had been permissible to stone before the zenith, he would have stoned at the beginning of the day; because that would have been easier for him and for his Ummah. Or he would have granted a dispensation to the weak ones, as he granted them a dispensation in stoning the Jamarat al-Aqabah.
So the correct view is that it is not permissible, even if some of the Tabi'un or those after the Tabi'un said otherwise. But the reference is the Book and the Sunnah. And the one who stones before the zenith relying on a person he trusts in his knowledge owes nothing;Because this is what he was tasked with: [Surah al-Nahl: 43] , but if his intention is to follow dispensations, then he is sinful and owes a fidyah; it is slaughtered in Makkah and distributed to the poor. And what appears to be the case—Allah knows best—is that such people intend to follow dispensations; because some scholars who are more knowledgeable than the one who issued them the fatwa say: It is not permissible. It is not possible that the entire Ummah is only one or two, like Ata ibn Abi Rabah, and the second and the third, all agreeing that it is not permissible before the zenith, and we follow one out of millions of millions.
The important thing is that if their intention is to follow dispensations, then they owe the fidyah along with the sin and repentance to Allah (Mighty and Majestic),And if they do not trust his knowledge and they say: this is a trusted scholar, so they owe nothing.
Did they consult someone they trust in his knowledge? The one who issued them the fatwa is not with us; because it is not permissible to stone the pillars on the twelfth day before the sun reaches its zenith, nor on the eleventh day, nor on the thirteenth day. This is because the Prophet (peace and blessings be upon him) would seize the time when the sun reached its zenith, and from the moment it reached its zenith he would stone before praying the Zuhr prayer. This indicates that he (peace and blessings be upon him) was waiting for the zenith with intense anticipation. If it had been permissible to stone before the zenith, he would have stoned at the beginning of the day; because that would have been easier for him and for his Ummah. Or he would have granted a dispensation to the weak ones, as he granted them a dispensation in stoning the Jamarat al-Aqabah.
So the correct view is that it is not permissible, even if some of the Tabi'un or those after the Tabi'un said otherwise. But the reference is the Book and the Sunnah. And the one who stones before the zenith relying on a person he trusts in his knowledge owes nothing;Because this is what he was tasked with:
So ask the people of the message if you do not know.
فَاسْأَلوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لا تَعْلَمُونَThe important thing is that if their intention is to follow dispensations, then they owe the fidyah along with the sin and repentance to Allah (Mighty and Majestic),And if they do not trust his knowledge and they say: this is a trusted scholar, so they owe nothing.