Our Hajj last year was from Kuwait, but we did not stay in Mina except on the Day of 'Id and the second day, and we hired someone to stone the pillars for us on the remaining two days.
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The questioner : This is a message we received from Bati al-Harbi from Kuwait. The listener, Bati, says: Our Hajj last year was from Kuwait, but we did not stay in Mina except on the Day of 'Id and the second day, and we hired someone to stone the pillars for us on the remaining two days, and we left after the farewell tawaf, of course. We intend to return this year to do what we mentioned, but we have some concern in our hearts about what we did last year. What is the ruling on this action, and should we return this year?
The Shaykh : The action they performed is not correct, nor is it permissible. It is obligatory for a person to stay in Mina after the Day of 'Id on the night of the eleventh and the night of the twelfth, and on the twelfth day until the sun declines, then to stone the pillars. Then, if he wishes, he may conclude his Hajj and hasten, or if he wishes, he may stay until the thirteenth day, stone after the sun declines, and then descend.
The questioner : Yes.
The Shaykh : Many of the common people think that the meaning of the saying of Allah the Exalted[Al-Baqarah 2:203] is that the Day of 'Id is included in these two days, so some of them hasten on the eleventh day. This is a belief with no basis. For Allah says [Al-Baqarah 2:203], and the counted days are the days of Tashriq.
The questioner : Yes.
The Shaykh : So, whoever hastens in two days, and that hastening is on the twelfth day because it is the second of the two days, there is no sin on him. And whoever delays, there is no sin on him. As for what the brother did, some people do it as well and hasten before the two days. Some of them appoint someone to complete the rest of their Hajj on their behalf, as in this question.
The questioner : Yes.
The Shaykh : Some of them claim that it is sufficient for them to slaughter a fidyah (ransom payment) for the missed stay and a fidyah for the missed stoning, and then leave. This is also not correct. The fidyah is not a substitute for that on the basis of a choice between it and these acts of worship.
The questioner : Yes.
The Shaykh : Rather, the fidyah is a compensation for the defect that occurred by leaving these acts of worship. So, performing it compensates for this evil that he committed, which is his leaving of this obligatory duty. It is not a substitute equal to performing the obligatory duty.
The questioner : Yes.
The Shaykh : Yes.
The questioner : So...
The Shaykh : The important thing is that in the coming year, if Allah wills.
The questioner : If Allah wills.
The Shaykh : It is obligatory for him to stay on the eleventh day and the twelfth day. And if he stones on the twelfth day after the sun declines, then if he wishes, he may hasten, descend, perform the farewell tawaf, and leave. Or if he wishes, he may stay until the thirteenth day, stone after the sun declines, then descend, perform the farewell tawaf, and travel.
The questioner : Yes, so we say it is obligatory for him to stay on the Day of 'Id, which is the tenth day?
The Shaykh : Yes.
The questioner : And the eleventh day and the twelfth day.
The Shaykh : Yes.
The questioner : Is staying obligatory?
The Shaykh : It is obligatory.
The questioner : And if he wants to hasten on the twelfth day, let him hasten?
The Shaykh : Yes, on the twelfth day.
The questioner : On the twelfth day.
The Shaykh : Yes, let him hasten after the stoning, after the sun declines.
The questioner : Yes, so it is obligatory for him to stay on the tenth and the eleventh?
The Shaykh : And the twelfth.
The questioner : And the twelfth.
The Shaykh : Yes, the twelfth until the sun declines.
The questioner : Until the sun declines.
The Shaykh : Until the sun declines and he stones.
The questioner : Yes.
The Shaykh : Yes, indeed.
The Shaykh : The action they performed is not correct, nor is it permissible. It is obligatory for a person to stay in Mina after the Day of 'Id on the night of the eleventh and the night of the twelfth, and on the twelfth day until the sun declines, then to stone the pillars. Then, if he wishes, he may conclude his Hajj and hasten, or if he wishes, he may stay until the thirteenth day, stone after the sun declines, and then descend.
The questioner : Yes.
The Shaykh : Many of the common people think that the meaning of the saying of Allah the Exalted
Then whoever hastens [his departure] in two days - there is no sin upon him; and whoever delays [until the third] - there is no sin upon him
فمن تعجل في يومين فلا إثم عليه ومن تأخر فلا إثم عليهAnd remember Allah during [specific] numbered days
واذكروا الله في أيام معدوداتThe questioner : Yes.
The Shaykh : So, whoever hastens in two days, and that hastening is on the twelfth day because it is the second of the two days, there is no sin on him. And whoever delays, there is no sin on him. As for what the brother did, some people do it as well and hasten before the two days. Some of them appoint someone to complete the rest of their Hajj on their behalf, as in this question.
The questioner : Yes.
The Shaykh : Some of them claim that it is sufficient for them to slaughter a fidyah (ransom payment) for the missed stay and a fidyah for the missed stoning, and then leave. This is also not correct. The fidyah is not a substitute for that on the basis of a choice between it and these acts of worship.
The questioner : Yes.
The Shaykh : Rather, the fidyah is a compensation for the defect that occurred by leaving these acts of worship. So, performing it compensates for this evil that he committed, which is his leaving of this obligatory duty. It is not a substitute equal to performing the obligatory duty.
The questioner : Yes.
The Shaykh : Yes.
The questioner : So...
The Shaykh : The important thing is that in the coming year, if Allah wills.
The questioner : If Allah wills.
The Shaykh : It is obligatory for him to stay on the eleventh day and the twelfth day. And if he stones on the twelfth day after the sun declines, then if he wishes, he may hasten, descend, perform the farewell tawaf, and leave. Or if he wishes, he may stay until the thirteenth day, stone after the sun declines, then descend, perform the farewell tawaf, and travel.
The questioner : Yes, so we say it is obligatory for him to stay on the Day of 'Id, which is the tenth day?
The Shaykh : Yes.
The questioner : And the eleventh day and the twelfth day.
The Shaykh : Yes.
The questioner : Is staying obligatory?
The Shaykh : It is obligatory.
The questioner : And if he wants to hasten on the twelfth day, let him hasten?
The Shaykh : Yes, on the twelfth day.
The questioner : On the twelfth day.
The Shaykh : Yes, let him hasten after the stoning, after the sun declines.
The questioner : Yes, so it is obligatory for him to stay on the tenth and the eleventh?
The Shaykh : And the twelfth.
The questioner : And the twelfth.
The Shaykh : Yes, the twelfth until the sun declines.
The questioner : Until the sun declines.
The Shaykh : Until the sun declines and he stones.
The questioner : Yes.
The Shaykh : Yes, indeed.