Does the first state of release occur with stoning alone?
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The questioner : Does the first state of release occur by stoning the Jamarat al-Aqabah? One stons and then puts on his clothes if he has only stoned... on the day of 'Id?
The Shaykh : This is a matter of disagreement among the scholars. Some scholars say that if one stons, the first state of release occurs, while others say it does not occur except with the release and shaving. It is a matter of research and consideration for us. If someone were to ask, "Why do we not act with the most cautious approach?" we would say: The release does not occur except with both stoning and shaving. We would say, "Yes, this is more cautious in the sense that the person refrains from the prohibited things. However, in some cases, the most cautious approach is to consider him released by stoning. For example, if a man has intercourse with his wife after stoning but before shaving, and we said he is not released except by shaving, then this intercourse would be before the first state of release, necessitating the invalidity of his ritual, continuing with it, performing the make-up, and sacrificing a camel. But if we said he is released by stoning, his ritual is not invalid, and he does not sacrifice a camel; rather, he is only required to pay a fidyah (ransom payment) for eating. In reality, caution is problematic. If you exercise caution and say he is not released until after stoning and shaving, we say this is good caution. But a second scenario comes to us: if a man has intercourse after stoning and before shaving, how do we deal with him? If we say he is not released except by shaving, it follows that his Hajj is invalid and that he must perform the make-up and sacrifice a camel. If we say the first state of release has occurred, his Hajj is valid, and he is only required to pay a fidyah for eating. There is a follow-up to your question[Al-Kahf 18:80].
The questioner : Yes.
The Shaykh : This is the speech of Khidr, not the speech of Allah.
The questioner : Yes.
The Shaykh : Yes[Al-Kahf 18:80-81] Yes.
The Shaykh : This is a matter of disagreement among the scholars. Some scholars say that if one stons, the first state of release occurs, while others say it does not occur except with the release and shaving. It is a matter of research and consideration for us. If someone were to ask, "Why do we not act with the most cautious approach?" we would say: The release does not occur except with both stoning and shaving. We would say, "Yes, this is more cautious in the sense that the person refrains from the prohibited things. However, in some cases, the most cautious approach is to consider him released by stoning. For example, if a man has intercourse with his wife after stoning but before shaving, and we said he is not released except by shaving, then this intercourse would be before the first state of release, necessitating the invalidity of his ritual, continuing with it, performing the make-up, and sacrificing a camel. But if we said he is released by stoning, his ritual is not invalid, and he does not sacrifice a camel; rather, he is only required to pay a fidyah (ransom payment) for eating. In reality, caution is problematic. If you exercise caution and say he is not released until after stoning and shaving, we say this is good caution. But a second scenario comes to us: if a man has intercourse after stoning and before shaving, how do we deal with him? If we say he is not released except by shaving, it follows that his Hajj is invalid and that he must perform the make-up and sacrifice a camel. If we say the first state of release has occurred, his Hajj is valid, and he is only required to pay a fidyah for eating. There is a follow-up to your question
we feared that he would overburden them
فخشينا أن يرهقهماThe questioner : Yes.
The Shaykh : This is the speech of Khidr, not the speech of Allah.
The questioner : Yes.
The Shaykh : Yes