A pilgrim throwing the pebbles before the sun passes the meridian
Fatwa No: 145819

Question

Assalamu alaikum, i have performed the hajj this year, and on the 12th zul hijja my group pressured us to leave early for stoning the jamrat, after the throwing i noticed the time was 10:30 am. And now i have returned to my country what is incumbent on me. May Allah increase your knowledge.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Some jurists  may  Allaah  have  mercy  upon  them are of the view that it is permissible for a pilgrim to throw the pebbles before Zawaal (i.e. the beginning of the time of Thuhr when the sun passes the meridian) on the first day of An-Nafr (departure from Mina), which is the second day of the days of Tashreeq [i.e. 12th of Thul-Hijjah]. However, according to the opinion of the majority of the scholars  may  Allaah  have  mercy  upon  them this is not permissible. Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: “Chapter: One should not throw the pebbles on the days of Tashreeq except after Zawaal and if he throws before Zawaal, he should throw again. This is stated by him (Imaam Ahmad) and it is reported from Ibn ‘Umar  may  Allaah  be  pleased  with  him and this is the view of Maalik, Ath-Thawri, Ash-Shaafi'i, Is'haaq, the scholars of the Hanafi School, and it was also reported from Al-Hasan and 'Ataa. However, Is'haaq and the scholars of the Hanafi School are of the view that it is permissible for a pilgrim to throw before Zawaal on the day of departure from Mina, but he should not depart from Mina except after Zawaal. This is also reported from Imaam Ahmad and ‘Ikrimah permitted this as well. Besides, Taawoos said: “One may throw before Zawaal and depart from Mina before Zawaal." However, in our view the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) threw the pebbles after Zawaal as ‘Aa’ishah  may  Allaah  be  pleased  with  her said: “He [the Prophet] threw the pebbles when the sun passed its meridian and Jaabir  may  Allaah  be  pleased  with  him said about the method of the Hajj of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ): 'I saw the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) throwing the pebbles on the day of sacrifice [i.e. the 10th of Thul-Hijjah] at Dhuha (forenoon, i.e. the time that extends from 15 minutes after sunrise until 10 minutes before the time of Thuhr) and later (on the days of Tashreeq, i.e. the 11th, 12th and 13th of Thul-Hijjah) he threw after Zawaal and the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Take your rituals from me (i.e. perform your rituals in the same manner as I did).” Ibn ‘Umar  may  Allaah  be  pleased  with  him said: “We would wait until after Zawaal and then we would throw the pebbles." [End quote]

Therefore, if you had acted according to the view of the scholars who hold the opinion that it is permissible to throw the pebbles before Zawaal, then you are not required to do anything. Nevertheless, the opinion that we adopt here in Islamweb is the view of the majority of the scholars that it is not permissible to throw the pebbles before Zawaal.

Hence, according to the opinion of Is'haaq and the scholars of the Hanafi School, you are not required to do anything and your throwing of the pebbles is valid, but according to the view of the majority of the scholars it is not valid; in which case, you would have missed throwing the pebbles on one of the days of Tashreeq and what you are obligated to do in this case is to offer a sacrifice that you (or someone whom you may deputize) would slaughter and distribute on the poor of Makkah. If you are not able to do so, then you have to fast for ten days. For more benefit, please refer to Fatwa 81278.

Allaah Knows best.

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