Authorizing someone to throw pebbles without a valid excuse entails offering a sacrificial animal
17-9-2014 | IslamWeb
Question:
A few years ago, I performed Hajj, all praise be to Allah. On the first day of tashreeq (i.e. the 11th of Thul-Hijjah) and after throwing at Jamrat Al-‘Aqabah (stoning of the devil), my mother fell to the ground due to the heavy throng. Therefore, my brother took my mother's pebbles to throw them on her behalf and I insisted that my mother and all the women who were with us should leave. I feared that I might not be able to accompany them and then come back to throw my pebbles before sunset. Hence, I authorized my brother to throw the pebbles on my behalf. At that time, the fatwas about the permissibility of throwing the pebbles after sunset were not issued yet. Is expiation due in this case?
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, is His Slave and Messenger.
The throwing of pebbles is one of the obligatory rituals of Hajj. In principle, the pilgrim should throw the pebbles by himself. Moreover, it is impermissible for the pilgrim to delegate another person to throw the pebbles on his behalf, except with an excuse that is acceptable according to the sharia. Whenever such an excuse exists, it is permissible to authorize someone to throw the pebbles on the person's behalf. If the person lacks such an excuse, yet he authorizes someone to throw the pebbles on his behalf, then it is incumbent on the pilgrim to offer a sacrificial animal for leaving an obligatory ritual of Hajj.
It seems that the excuse mentioned in the question is not a proper justification for the questioner to authorize another person to throw the pebbles on his behalf because it was possible to take the women away from the crowded place and carry out the ritual of throwing the pebbles as well.
Therefore, it is incumbent on the questioner to offer a sacrificial animal in the sacred precincts of Makkah and distribute its meat among the poor living therein. He may delegate another person to offer the sacrificial animal on his behalf.
As for throwing the pebbles on behalf of the women, there is nothing wrong with it due to the throng.
Allah Knows best.