Expiation for not throwing Jamaraat in Hajj
Fatwa No: 330814

Question

Assalaamu alaykum. I made Hajj in 2010, but I have been wondering if I sufficiently completed the rituals for it to be considered valid. The key point in question is that I only pelted the Jamaraat in Mina on the first day after Muzdalifah. I was very tired from the walk from Muzdalifah to Mina and then to Mecca. There was a person hired by our group who led me and others through the crowd on that first day, but he said that we were on our own the next day as he would not be leading. In hindsight, I should have tipped him (given him extra money) for his help the first day. The next morning, the director of the group asked if anyone wanted to take the bus back to Mecca and, if so, he should ask a person to stone the pillars for him. I regret that I accepted this offer as I did not realize the significance of actually doing the pelting oneself. He supposedly did the pelting on my behalf the second day, and no one did it on the third day. This fall, I wanted to make Hajj Al-Badal for a friend's father, but I was thinking that my previous hajj might be deficient. If it was deficient, then I wondered if my intention for Hajj Al-Badal would not be realized and the hajj would count for my self instead. Regardless, I intend to make Hajj this fall, Allaah willing, but the questions I have are: 1) Was my Hajj in 2010 valid since I had a proxy stone for me on the second day and no one stoned on the third day? 2) Can I offer Hajj Al-Badal for a friend's aged father or deceased mother? 3) Would a Hajj this fall count for myself or for the person I intended to make Hajj Al-Badal for? 4) If Hajj Al-Badal would be valid for me to make this year, would the person be required to pay the full cost of the Hajj, or is this something that I can offer as Sadaqah (charity)? May Allaah reward you.

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.

Your Hajj is valid and it is not invalidated simply because of not throwing the pebbles, because throwing the pebbles is not one of the pillars of Hajj but it is among the obligations (Waajib) that are forgiven by slaughtering a sacrifice. Imaam Maalik narrated in his Muwatta’ from ‘Abdullaah ibn ‘Abbaas  may  Allaah  be  pleased  with  him who said, “Whoever forgets anything from his rituals or did not do it, then he has to offer a sacrifice.

Assigning someone to throw on your behalf is not valid as long as you are able to throw yourself. Also, not throwing on one of the days is wrong. Hence, you are now obliged to offer a sacrifice.

The Fiqh Encyclopedia reads:

The Shaafi'i and Hanbali Schools are of the view that a person who did not throw the pebbles at all, who did not throw the pebbles for one or two days, who did not throw three pebbles in throwing any of the Jamaraat must offer a sacrifice … the Hanafi School are of the view that a pilgrim must offer a sacrifice if he did not throw the pebbles at all during the four days or he did not throw for one of the days, and the same thing applies to the one who did not throw most of the pebbles in any day … The Maaliki School is of the view that a pilgrim who did not throw one pebble or who did not throw at all must offer a sacrifice.” [Abridged]

The sacrifice is to slaughter a sheep or one-seventh of a camel that must be slaughtered and distributed to the poor of the Haram [of Makkah]; Ar-Rawdh Al-Murbi’ reads:

Any sacrifice or feeding that is related to Al-Haram (of Makkah) or is related to Ihraam (i.e. being in a state of Ihraam for Hajj or ‘Umrah), such as the penalty of hunting while in the state of Ihraam, or blood (i.e. offering a sacrifice) for a pilgrim performing Hajj Tamattu’ or Hajj Qiraan, or a vow and what is obligatory due to abandoning one of the obligations of Hajj, or committing one of the prohibitions in the Haram of Makkah, then he must slaughter the sacrifice in the Haram of Makkah … and, in general, the sacrifice is a sheep aged 6 months (or older) or a goat aged one year (or older), or one seventh of a camel or of a cow.” 

It is permissible for you to perform Hajj on behalf of the deceased mother of your friend or on behalf of his father if he is unable to perform Hajj by himself. The basic principle is that the costs of the Hajj are on him, but if you volunteer (as an act of charity) to perform Hajj on his behalf with your own money, then this is permissible.

Allaah knows best.

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