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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Agency in stoning the pillars is not permissible except for a valid legal excuse

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Question: What is the ruling on a person who appoints an agent to stone the pillars while he is capable, and he traveled after the Day of Sacrifice and did not stay in Mina for two days?

Answer: Agency is not permissible except for a valid legal cause, such as an elderly person, a sick person, or a pregnant woman for whom there is fear for her safety, and the like. As for appointing an agent without a valid legal excuse, this is not permissible, and the obligation of stoning remains upon him even if his Hajj is voluntary, according to the correct view. This is because when he entered into Hajj and 'Umrah, it became obligatory for him to complete them, even if they are voluntary. This is based on His saying (Glorified and Exalted is He) :
And complete the Hajj and 'umrah for Allahوَأَتِمُّواْ الْحَجَّ وَالْعُمْرَةَ لِلّهِ
[Surat al-Baqarah: 196]. This encompasses voluntary Hajj and obligatory Hajj, just as it encompasses obligatory 'Umrah and voluntary 'Umrah. However, if he is excused due to illness or old age, there is no harm. The agent stones on behalf of himself and his principal at one station for all the pillars; this is the correct view.
Likewise, if he travels before the Farewell Tawaf, this is also a second reprehensible act that is not permissible. This is because the Farewell Tawaf is after the completion of stoning and after his agent finishes stoning, if he is unable. And his traveling before the Farewell Tawaf and before the days of Mina have passed involves some degree of manipulation, so this matter is not permissible. Rather, he owes two sacrificial animals: one for leaving the stoning, to be slaughtered in Makkah, and one for leaving the Farewell Tawaf, to be slaughtered in Makkah as well. Even if he performs the Tawaf on the Day of Sacrifice itself, it does not suffice for him and is not called a Farewell Tawaf, because the Farewell Tawaf is after stoning the pillars, so one does not perform the Farewell Tawaf before the stoning. This is based on the saying of the Prophet (peace and blessings be upon him):
None of you must go off till his obligations at the House are completeلا ينفرن أحدكم حتى يكون آخر عهده بالبيت
Mishkat al-Masabih 2668
, and what is established from Ibn 'Abbas (may Allah be pleased with him and his father) that he said:
The people were commanded (by the Holy Prophet) to perform the last circumambulation round the House, but menstruating women were exempted.أمر الناس أن يكون آخر عهدهم بالبيت إلا أنه خفف عن المرأة الحائض
Sahih Muslim 1328a
, agreed upon for its authenticity.
And upon the person mentioned, a third sacrificial animal is due for leaving the overnight stay in Mina on the night of the eleventh and the night of the twelfth, along with repentance to Allah for his aforementioned action.
Source binbaz.org.sa

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

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