What is the ruling for the pilgrim who leaves Muzdalifah after midnight without an excuse and performs the stoning after Fajr and before the sun rises?
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The questioner : If the pilgrim leaves Muzdalifah after midnight without an excuse and performs the stoning after Fajr and before the sun rises, what is his obligation?
The Shaykh : Repeat.
The questioner : If the pilgrim leaves Muzdalifah after midnight without an excuse and performs the stoning after Fajr and before the sun rises, what is his obligation?
The Shaykh : What appears from the Sunnah is that the departure from Muzdalifah is not restricted to the middle of the night; rather, it is restricted to the end of the night. Asma' bint Abi Bakr (may Allah be pleased with them both) used to say to her slave, "Look at the moon; has it set?" When the moon set, she would depart from Muzdalifah. It is known that the setting of the moon on the night of the tenth day does not occur except at about two-thirds of the night, meaning when only one-third of the night remains. The restriction by some scholars to the middle of the night has no evidence for it. Therefore, the correct view is that the ruling is restricted to the end of the night. So when it is the end of the night, let him depart. But is it permissible to depart at the end of the night for one who has an excuse and for one who has no excuse? We say that in our present time, there is no doubt that most people are excused, because the severe crowding that occurs at the stoning of the Jamarat after the sun rises is feared, and how many people have perished and died from this crowding. So if a person advances from Muzdalifah and performs the stoning when he arrives at Mina, there is no blame on him. However, for the strong person, it is better for him to do as the Prophet (peace and blessings be upon him) did: remain in Muzdalifah and not depart from it until it is very light.
The Shaykh : Repeat.
The questioner : If the pilgrim leaves Muzdalifah after midnight without an excuse and performs the stoning after Fajr and before the sun rises, what is his obligation?
The Shaykh : What appears from the Sunnah is that the departure from Muzdalifah is not restricted to the middle of the night; rather, it is restricted to the end of the night. Asma' bint Abi Bakr (may Allah be pleased with them both) used to say to her slave, "Look at the moon; has it set?" When the moon set, she would depart from Muzdalifah. It is known that the setting of the moon on the night of the tenth day does not occur except at about two-thirds of the night, meaning when only one-third of the night remains. The restriction by some scholars to the middle of the night has no evidence for it. Therefore, the correct view is that the ruling is restricted to the end of the night. So when it is the end of the night, let him depart. But is it permissible to depart at the end of the night for one who has an excuse and for one who has no excuse? We say that in our present time, there is no doubt that most people are excused, because the severe crowding that occurs at the stoning of the Jamarat after the sun rises is feared, and how many people have perished and died from this crowding. So if a person advances from Muzdalifah and performs the stoning when he arrives at Mina, there is no blame on him. However, for the strong person, it is better for him to do as the Prophet (peace and blessings be upon him) did: remain in Muzdalifah and not depart from it until it is very light.