What is the act a pilgrim performs to attain the first release, with evidence?
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Al-Halabi : A question was received from some of the brothers asking: What is the act that, when a pilgrim performs it, he attains the first release, with mention of the evidence? And is there a basis for what some jurists mention, that he must perform two acts to attain release?
The Shaykh : There is no binding evidence in the Sunnah that the pilgrim must combine two acts, such as combining the sacrifice with the stoning, or let us say combining the stoning with the sacrifice, or combining the stoning with the shaving. Rather, the authentic hadith from the Prophet (peace and blessings be upon him) is:; from this hadith and its like, the scholars hold that the pilgrim’s release occurs in two stages. The first stage is called the lesser release, which is this: when he has stoned the Jamarah—Jamarat al-Aqabah—you have heard his statement (peace be upon him) in the hadith: Sunan Abi Dawud 1978Sahih (Al-Albani). As for the greater release, which means that his wife becomes lawful to the man, that is only after he has performed the Tawaf of Ifadah. When he has performed the Tawaf of Ifadah, he has attained the greater release. As for the condition of adding something from the rites to the stoning, there is nothing in the Sunnah that considers this a condition. It may occur, and although a hadith came in the Sahih from Aisha (may Allah be pleased with her) that she applied perfume to the Prophet (peace and blessings be upon him) for his release after he stoned Jamarat al-Aqabah, it came in some narrations that the application of perfume was also not only after the stoning, but also after the shaving, or the sacrifice; I do not remember it precisely right now. The important thing is that if some of these narrations occurred from the Prophet (peace and blessings be upon him) along with the stoning, that does not indicate that it is a condition to add either the sacrifice or the shaving to the stoning; rather, it is a permissible matter. But his statement (peace and blessings be upon him) is an explanation to the Ummah of when the lesser release becomes lawful for the pilgrim; it is very clear and does not accept figurative interpretation: Sunan ad-Daraqutni 12:236. So there is no harm if he stoned, then sacrificed, then shaved, or if he advanced or delayed in these things, for there is no blame in that, as came in many hadiths. So adding something to the stoning does not invalidate this restriction mentioned by the Messenger (peace be upon him) as a fundamental matter for a person to be released from his Ihram. So if he stoned the Jamarah, that is sufficient for him to be released. If he continued and did not release himself—continuing with the shaving, continuing with the sacrifice—there is no harm in that. But the important thing is that the release from what is originally forbidden is not permissible because he is in a state of Ihram; it is only permissible for him when he has stoned Jamarat al-Aqabah.
I have probably answered the question.
Al-Halabi : They mention a hadith regarding the matter of bringing two acts before release; what is its degree of authenticity?
The Shaykh : This is not authentic; it contains Hujjaj ibn Artat, and it is not relied upon as evidence.
The Shaykh : There is no binding evidence in the Sunnah that the pilgrim must combine two acts, such as combining the sacrifice with the stoning, or let us say combining the stoning with the sacrifice, or combining the stoning with the shaving. Rather, the authentic hadith from the Prophet (peace and blessings be upon him) is:
When you have stoned the Jamarah—Jamarat al-Aqabah—everything has become lawful to you except women.
إذا رميتم الجمرة - جمرة العقبة - فقد حل لكم كل شيء إلا النساءeverything becomes lawful for him except women
فقد حل له كل شيء إلا النساءWhen you have stoned the great Jamarah, everything has become lawful to you except women.
إذا رميتم الجمرة الكبرى فقد حل لكم كل شيء إلا النساءI have probably answered the question.
Al-Halabi : They mention a hadith regarding the matter of bringing two acts before release; what is its degree of authenticity?
The Shaykh : This is not authentic; it contains Hujjaj ibn Artat, and it is not relied upon as evidence.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
