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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The strong man who departs with his family before dawn: is his ruling the same as theirs?

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The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
The strong man who departs with his family before dawn: is his ruling the same as theirs?

The Shaykh : Yes, if the weak depart from Muzdalifah before dawn and their mahram (relative one may not marry) is with them, then his ruling is the same as theirs; he stons the pillars with them. This is because what is established by following others is not established independently. As for the hadith of Ibn 'Abbas that the Messenger (peace and blessings be upon him) sent him to the weak among the people and he was striking their thighs and saying: "O my son, do not ston the pillars until the sun rises", this is a munqati' (a report with a broken chain) hadith and is not in the sahih (valid) collections. Now, in the present time, my brothers, I hold that in the present time, every person who is unable... the ruling is one of great hardship. So if a rukhsah (dispensation) were granted to people in an absolute sense, and it were said that whoever wishes may depart before dawn absolutely, as the fuqaha (jurists) (may Allah have mercy on them) say that it is permissible to depart before dawn even without an excuse, if this opinion is directed at us because in the present time, whenever we find an opportunity to issue a fatwa (a scholarly legal ruling) to people with what is easier, it is better. Yes.

The questioner : Now, departing before dawn has become like departing after it, or even more so. People have all become like the one who comes to ston the Jamrat al-'Aqabah in the 'Asr (the afternoon prayer) time, which is lighter than the one who...

The Shaykh : Yes, but I am not sitting for the 'Asr (the afternoon prayer) time; I have not yet exited the state of ihram (the consecrated state of pilgrimage). It was possible for the Messenger (peace and blessings be upon him) not to permit the weak to depart and say, "Ston the pillars after 'Asr." But since he exits the state of ihram and rejoices with the people and wears his clothes...
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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