The excused person who departs from Muzdalifah at midnight: Is he permitted to throw the pebbles if he arrives in Mina before the sun rises?

The questioner : The excused persons who are permitted to depart after midnight or at the end of the night: If they arrive in Mina, are they permitted to throw the pebbles before the sun rises, or must they wait until the sun rises?

The Shaykh : It is necessary to wait until the sun rises; because the Prophet (peace and blessings be upon him) sent out the weak ones, and these are the ones to whom he said: ; therefore, it is not permissible [to throw before sunrise], rather he permitted them to depart early so that they might avoid the harm of the crowd. So when they arrive there, having rested from the harm of the crowd, and wait for the sun to rise; there is nothing that justifies for them to throw before the sun rises; especially ... the Messenger (peace be upon him) was explicit regarding throwing only after the sun rises.
This is what is evident to us in the explicit wording of this hadith, and there is no explicit marfu' hadith that contradicts it ... rather it is the opinion of some women who consider themselves to be a Companion.
Yes.

The questioner : But there is a note ... .

The Shaykh: Go ahead.

The questioner : With the same issue.

The Shaykh: Yes.

The questioner : We, for example, mean we said: The Prophet (peace and blessings be upon him and his family) permitted these weak ones to advance to Mina at this time so that it would be easy for them to throw and be able to throw before the crowding. And in our time today, if they advance ... in our time, they will not wait for the sun to rise, because the danger that the permission for the weak ones to advance was to avoid will befall them even more; so why ... to avoid this crowding?

The Shaykh : This question is fiqh ... .

The questioner : No ... this, Professor, is an application of the hadith of the female Companion, meaning ... .

The Shaykh : Okay, first I assume the reality as you have described it ... .

The questioner : Like the current reality ... as with these fast cars ... .

The Shaykh : No problem, this ... alone, so if we assume that what the Messenger of Allah (peace and blessings be upon him) avoided in this dispensation when he sent out the women and children; what he avoided will occur by waiting for those permitted to throw after the sun to throw before the sun rises, but in terms of reality, is that so?

The questioner : This is how it happens now.

The Shaykh : How is this imagined? I do not imagine it except that the Muslims would contradict the method of the Messenger in his Hajj; meaning that the weak ones would be joined by the strong ones.

The questioner : This reality is what I assumed for you, I mentioned it to you ... .

The Shaykh : ... if some of the Muslims advance ... those who come after them ... .

The questioner : ... .

Another questioner : ... a lecture by the honorable Shaykh Hammad does not benefit the weak ones ... as for ... before the sun rises ... the crowding as I said ... most pilgrims stay overnight in Mina, they do not stay overnight in Muzdalifah ... .

Another questioner : ... for such a reason, we want to know if, for example, based on these reports ... the mawquf and marfu' reports in this issue, we can use the mawquf to avoid [the restriction], this reality, this reality is a fact ... as a relaxation from it, as the brother said.

The Shaykh : In answer to this last question, I say: The existence of the mawquf hadith in which there is a dispensation for the weak ones to throw before the sun rises, its existence and its absence are the same regarding this condition ... this resembles the saying of some followers of taqlid who go to the fabricated hadith: "The difference of my Ummah is a mercy," and in the way of clarifying - they claimed - this fabricated hadith, they bring a story whose summary is: Al-Izz ibn Abd al-Salam, one of the great Imams of the Shafi'i school, performed tawaf in Hajj, and while he was performing tawaf, his hand touched the hand of a woman, and in our madhhab, as you know, touching ... with desire invalidates the wudu, and they also consider purity a condition for tawaf, so he performed tawaf, touched, and his wudu was invalidated ... his tawaf, so he renewed his wudu once, the second time likewise, the third time likewise; he said: We follow our Hanafi brothers who hold that touching does not invalidate the wudu ... .
The point is that these followers of taqlid say: Look how this Imam was forced to follow the other madhhab which is not his madhhab, so this is an example of the hadith: "The difference of my Ummah is a mercy," and I say to them: This does not benefit you anything; suppose that all the scholars of the Muslims agreed that this touching invalidates the wudu, what would be the state of Al-Izz ibn Abd al-Salam ... that he would perform tawaf until the Day of Resurrection, hoping that he might get one valid tawaf, or ?!
So this sound, correct, established principle from the Book and the Sunnah suffices us from a fabricated hadith and from attempting to philosophize about such a story.
Thus I say: If there is a hadith of the noble female Companion in which her hadith explicitly states the permissibility for the weak ones to throw before the sun rises, an absolute explicitness without ... the crowding; because it was not possible for the crowding to occur at that time ... the Imams, so this athar, as long as we have restricted the permissibility for the weak ones to throw before the sun rises with the same 'illah for which the Messenger (peace be upon him) permitted them to depart after midnight; then this athar, its existence and its absence are the same; because our basis in this fatwa and our reliance is not the athar, but rather the fiqh; meaning observing the 'illah, the 'illah of the legislation, this is one thing. And the second thing is that she did not restrict as we restrict, she made it absolute ... from another side ... so then ... the principle and as it was said regarding ... the Shari'ah.

The questioner : Perhaps I will complete the third question, which is the last one.

The Shaykh: Go ahead.

The Shaykh : ... .

The questioner : Oh?

The Shaykh : That it be the last one ... .

The questioner : ... that the four actions performed by the pilgrims on the Day of Sacrifice: throwing, then slaughtering, then shaving, then tawaf al-ifadah; until ... some of the Companions ... the Prophet (peace and blessings be upon him) ... so I say: Except that, as I recall, and although I do not memorize the entire hadith, then ... if I did not notice, meaning he advanced and delayed and did not notice ... and does that mean that this dispensation is specific to the one who did it while he did not notice, being ignorant or forgetful, or do we generalize and say: whoever advances without these four actions on the Day of Sacrifice, there is no blame on him ...?

The Shaykh : This second one, without a doubt, especially ... the need to ... defining the meaning, I did not notice, what does it mean I did not notice?

The questioner : ... .
...