When does the pilgrim become unrestricted on the Day of Sacrifice?
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Question:
The questioner says: Shaykh Nasir al-Din al-Albani (may Allah forgive him) said: "When he finishes stoning the pillars on the Day of Sacrifice, everything becomes permissible for him except women, even if he has not slaughtered or shaved. He may put on his clothes and apply perfume, but he must perform the tawaf of ifadah on that same day—until he said: 'Otherwise, if he reaches the evening without having performed tawaf, he returns to the state of ihram, just as he was before the stoning. He must then remove his clothes and put on the clothes of ihram.' This is based on his statement (peace and blessings be upon him):Sunan Abi Dawud 1999Hasan Sahih (Al-Albani) What is the authenticity of this hadith, and what is the position of the scholars regarding this opinion?
Answer:
As for the stoning, the scholars have differed on this. Some hold that the stoning alone is sufficient—as Shaykh Nasir said—and that once he has stoned, everything becomes permissible for him except women. A hadith has been reported from Aisha and Ibn Abbas that if he has stoned, everything becomes permissible for him regarding perfume and clothes, except women.
Others among the scholars of knowledge said: If he has stoned, he must add a second thing to it, which is shaving or shortening the hair, or tawaf. If he does two out of the three, he becomes unrestricted. This is the most cautious and preferable position. If he becomes unrestricted after the stoning and puts on his clothes, he owes nothing; because the argument of those who said that one becomes unrestricted by the stoning is strong. However, the most cautious course for the believer is not to become unrestricted, nor to put on his clothes, nor to apply perfume, until he adds a second matter, which is shaving or shortening the hair. This is because the Messenger (peace and blessings be upon him) only applied perfume after he had shaved, as Aisha (may Allah be pleased with her) said:.
Therefore, it is best for the believer to be patient until he shaves or shortens his hair. Also, in some narrations from Aisha, it says: "When you have stoned and shaved." Although there is weakness in it, combining this hadith, which has weakness, with his action (peace and blessings be upon him) helps in avoiding what is doubtful and in exercising caution.
Therefore, the most cautious course for the believer is not to become unrestricted until he does two out of three: he stons and shaves or shortens, or he stons and performs tawaf, or he performs tawaf and shaves. If he does two out of the three, everything that was forbidden to him becomes permissible, except women.
If he does the three: stoning, shaving, and tawaf, and sa'y if he had sa'y remaining, then everything becomes permissible for him, including women. As for what concerns his returning to the state of ihram as he was if he did not perform tawaf on the Day of Sacrifice, this opinion is weak and contradicts the position of the scholars of knowledge. Some of them have reported the consensus of the scholars of knowledge that if he becomes unrestricted, he becomes fully unrestricted and does not return to a state of prohibition after having become unrestricted, even if he reaches the evening without having performed tawaf on the Day of Sacrifice. This opinion is anomalous and contradicts the position of the scholars of knowledge and what the Sunnah indicates. The hadith is weak and cannot be used as evidence. Even if we assume it has a correct corroborating narration, it is an anomalous opinion that contradicts the position of the scholars of knowledge and what the Sunnah indicates.
The questioner says: Shaykh Nasir al-Din al-Albani (may Allah forgive him) said: "When he finishes stoning the pillars on the Day of Sacrifice, everything becomes permissible for him except women, even if he has not slaughtered or shaved. He may put on his clothes and apply perfume, but he must perform the tawaf of ifadah on that same day—until he said: 'Otherwise, if he reaches the evening without having performed tawaf, he returns to the state of ihram, just as he was before the stoning. He must then remove his clothes and put on the clothes of ihram.' This is based on his statement (peace and blessings be upon him):
On this day you have been allowed to take off ihram when you have thrown the stones at the jamrahs, that is, everything prohibited during the state of ihram is lawful except intercourse with a woman. If the evening comes before you go round this House (the Ka'bah) you will remain in the sacred state (i.e. ihram), just like the state in which you were before you threw stones at the jamrahs, until you perform the circumambulation of it (i.e. the Ka'bah).
إن هذا يوم رخص لكم إذا أنتم رميتم الجمرة أن تحلّوا من كل ما حرمتم منه إلا النساء، فإذا أمسيتم قبل أن تطوفوا هذا البيت صرتم حرمًا كهيئتكم قبل أن ترموا الجمرة قبل أن تطوفوا بهAnswer:
As for the stoning, the scholars have differed on this. Some hold that the stoning alone is sufficient—as Shaykh Nasir said—and that once he has stoned, everything becomes permissible for him except women. A hadith has been reported from Aisha and Ibn Abbas that if he has stoned, everything becomes permissible for him regarding perfume and clothes, except women.
Others among the scholars of knowledge said: If he has stoned, he must add a second thing to it, which is shaving or shortening the hair, or tawaf. If he does two out of the three, he becomes unrestricted. This is the most cautious and preferable position. If he becomes unrestricted after the stoning and puts on his clothes, he owes nothing; because the argument of those who said that one becomes unrestricted by the stoning is strong. However, the most cautious course for the believer is not to become unrestricted, nor to put on his clothes, nor to apply perfume, until he adds a second matter, which is shaving or shortening the hair. This is because the Messenger (peace and blessings be upon him) only applied perfume after he had shaved, as Aisha (may Allah be pleased with her) said:
He applied perfume after he finished stoning and shaving, before he performed tawaf of the House.
طيبته بعدما فرغ من رميه وحلقه قبل أن يطوف بالبيتTherefore, it is best for the believer to be patient until he shaves or shortens his hair. Also, in some narrations from Aisha, it says: "When you have stoned and shaved." Although there is weakness in it, combining this hadith, which has weakness, with his action (peace and blessings be upon him) helps in avoiding what is doubtful and in exercising caution.
Therefore, the most cautious course for the believer is not to become unrestricted until he does two out of three: he stons and shaves or shortens, or he stons and performs tawaf, or he performs tawaf and shaves. If he does two out of the three, everything that was forbidden to him becomes permissible, except women.
If he does the three: stoning, shaving, and tawaf, and sa'y if he had sa'y remaining, then everything becomes permissible for him, including women. As for what concerns his returning to the state of ihram as he was if he did not perform tawaf on the Day of Sacrifice, this opinion is weak and contradicts the position of the scholars of knowledge. Some of them have reported the consensus of the scholars of knowledge that if he becomes unrestricted, he becomes fully unrestricted and does not return to a state of prohibition after having become unrestricted, even if he reaches the evening without having performed tawaf on the Day of Sacrifice. This opinion is anomalous and contradicts the position of the scholars of knowledge and what the Sunnah indicates. The hadith is weak and cannot be used as evidence. Even if we assume it has a correct corroborating narration, it is an anomalous opinion that contradicts the position of the scholars of knowledge and what the Sunnah indicates.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.