Is it obligatory to stay overnight for the one who finds the evening in Mina and the sun sets on him on the twelfth day, which is the third day of the festival?
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The questioner : ... after the sun sets.
The Shaykh: That is, on the third day of the festival.
The questioner: On the third day of the festival.
The Shaykh: All right.
The questioner: So he left after the sun set.
The Shaykh: Yes.
The questioner: I have researched this, O Shaykh.
The Shaykh: Yes.
The questioner: And I have gathered much of the words of the scholars, and I now wish to be enlightened by your opinion?
The Shaykh: Go ahead.
The questioner: It has become clear to me during my research, according to my review and writing, that the three Imams, Imam Ahmad, Malik, and al-Shafi'i, say that if the evening finds a person and the sun sets on him on the twelfth day, which is the third day of the festival, then staying overnight is obligatory for him, and the stoning is on the following day.
The Shaykh: Yes.
The questioner: There is a narration from Imam Abu Hanifah (may Allah have mercy on him) that it is disliked for him to leave, but if he leaves, there is nothing upon him and no blame until the dawn. When the dawn of the fourth day of the festival rises, the stoning becomes obligatory by consensus. The question, O Shaykh, is not Allah saying:[Al-Baqarah 2:203], why do we oblige this one who delayed until ...?
The Shaykh: My brother, there is no contradiction between the verse and the opinion of those Imams, because this is a matter of the general and the specific. Hurrying is one thing, and not hurrying before the sunset is another.
The questioner: That is, what do you see, O Shaykh?
The Shaykh: I see what you mentioned, and I cited a report in my book on the rituals of Hajj and 'Umrah from some of the Salaf, and I think it is 'Abdullah ibn 'Umar (may Allah be pleased with them both), that he used to say this saying. They are the role models, and they are the people whose follower does not suffer.
The Shaykh: That is, on the third day of the festival.
The questioner: On the third day of the festival.
The Shaykh: All right.
The questioner: So he left after the sun set.
The Shaykh: Yes.
The questioner: I have researched this, O Shaykh.
The Shaykh: Yes.
The questioner: And I have gathered much of the words of the scholars, and I now wish to be enlightened by your opinion?
The Shaykh: Go ahead.
The questioner: It has become clear to me during my research, according to my review and writing, that the three Imams, Imam Ahmad, Malik, and al-Shafi'i, say that if the evening finds a person and the sun sets on him on the twelfth day, which is the third day of the festival, then staying overnight is obligatory for him, and the stoning is on the following day.
The Shaykh: Yes.
The questioner: There is a narration from Imam Abu Hanifah (may Allah have mercy on him) that it is disliked for him to leave, but if he leaves, there is nothing upon him and no blame until the dawn. When the dawn of the fourth day of the festival rises, the stoning becomes obligatory by consensus. The question, O Shaykh, is not Allah saying:
Then whoever hastens [his departure] in two days - there is no sin upon him
فَمَنْ تَعَجَّلَ فِي يَوْمَيْنِ فَلَا إِثْمَ عَلَيْهِThe Shaykh: My brother, there is no contradiction between the verse and the opinion of those Imams, because this is a matter of the general and the specific. Hurrying is one thing, and not hurrying before the sunset is another.
The questioner: That is, what do you see, O Shaykh?
The Shaykh: I see what you mentioned, and I cited a report in my book on the rituals of Hajj and 'Umrah from some of the Salaf, and I think it is 'Abdullah ibn 'Umar (may Allah be pleased with them both), that he used to say this saying. They are the role models, and they are the people whose follower does not suffer.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.