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Fatwa CenterThrowing the pebbles before noon in Hajj
Question
My father performed Hajj last year. He went to throw stone to ‘Jamra’ on second day before noon and left the ‘mina’ before ‘magrib’. After, it was understood that throwing stone should perform after noon (zuhar)? Whether he has to pay ‘kaffarath’ for this mistake? If yes, what does he have to pay?. Is there any different views in different ‘madhab’?. Awaiting your valuable/detailed response.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
The majority of the Scholars 
are of the view that the time of throwing the pebbles on the days of Tashreeq (11th, 12th and 13th of Thul-Hijja) starts after Zawaal (i.e. the beginning of the time of Thuhr when the sun passes the meridian). In case a pilgrim throws the pebbles before Zawaal, he should repeat it after Thuhr. Abu Huthayfah, Maalik, Ash-Shaafi’i and Ahmad all, are among those who hold this opinion. They based their opinion on the saying of ‘Aa’ishah 
: “He (the pilgrim) should throw the pebbles after Zawaal”. Besides, Jaabir 
said while describing the Prophet's Hajj: “I saw the Prophet throwing the pebbles on the day of sacrifice (i.e. the day of ‘Eed -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 the pebbles after Zawaal (after the decline of the sun, i.e. after Thuhr).
Indeed, the Prophet said: “Take your rituals from me (i.e. perform your rituals in the same manner as I did).” Moreover, Ibn ‘Abbaas said: “The Prophet used to throw the pebbles after Zawaal and then he would perform Thuhr prayer.”
However, the Scholars of the Hanafi School of jurisprudence and Is-haaq permitted to throw the pebbles before Zawaal on the day of sacrifice but one should not leave Mina except after Zawaal (after the decline of the sun, i.e. after Thuhr).
Nonetheless, the opinion of the majority of the Scholars is the preponderant one because there is much evidence supporting it. Therefore, if a pilgrim threw the pebbles before Zawaal and he did not repeat it after Zawaal until the days of Tashreeq had expired, then he has to pay an expiation for leaving an obligatory act (Waajib), i.e. he should slaughter a sheep in Makkah and distribute it among the poor people of Al-Haram [Makkah and it surroundings]
If going back to Makkah is hard for him, then he can depute a person or an organization to slaughter the ransom on his behalf in Makkah.
For more benefit, please refer to Fatwa 145819.
Allaah knows best.
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