Fatwas about Hajj

Abdul-azeez bin Baaz

Following are some of the important fatwas needed by each pilgrim, man or woman, to perform pilgrimage with insight into his religion. We have collected and selected them from the fatwas of His Eminence Sheikh Abdul Aziz Ibn Baz, may Allah have mercy on him, to prevail its benefit and to be a clear guide for those who have not been able to study the jurisprudence of pilgrimage.

Categories: Fiqh of Hajj and Umrah -

Religious Opinions about Pilgrimage

All the praises and thanks be to Allah, the Lord of the ‘Alamîn (mankind, jinn and all that exists), and peace and blessings of Allah be upon the Master of Messengers; our Prophet Muhammad.

We invoke Allah to reward each one who reads or contributes to distributing them.

The ruling of putting on perfume on the garment of a pilgrim

Question: what is the ruling of putting on perfume on the garment of a pilgrim before determining the intention of Hajj and the Talbiya (saying: Labbaika Allahumma Hajj, Labbaika Allahumma Labbaik, Labbaika la sharika Laka labbaik, Inna-l-hamda wan-ni'mata Laka walmulk, La sharika Laka which meams: O Allah, Here I am for Hajj, here I am, O Allah, here I am. Here I am. You have no partner. Here I am. Surely all praise, grace and dominion is yours, and you have no partner)?

Answer: perfume must not be put on the izâr or ridâ' (the above or below-waist cloth). The Sunnah is to perfume the body such as the head, beard, armpits and the like. Garments are not to be perfumed before consecration due to the saying of the Prophet, peace and blessings of Allah be upon him: “He should not wear any garment that has been touched by saffron or Warce (a kind of perfume).” [Reported by Al-Bukhari].

«...ولا ثوبا مسه الورس أو الزعفران» رواه البخاري

The Sunnah, therefore, is to perfume one's body only. Garments of pilgrims are not to be perfumed. If they are perfumed, one has to wash or replace them.

The things a muhrim should avoid

Question: what are the things a muhrim (person in ihram: in a state of pilgrimage) should avoid?

Answer: A muhrim should avoid nine prohibitions clarified by scholars. They are: avoiding haircutting, nail clipping, putting on perfume, wearing sewn garments, covering the head (for men), killing game, sexual intercourse, concluding marriage contracts, and having any sexual activities with women. All these things are prohibited for a muhrim until finishing the rites. By the first tahallul (relief of consecration) of the rites all the prohibitions are allowed except for sexual intercourse. By the second tahallul the sexual intercourse becomes allowed.

Uncovering the shoulder

Question: Is it preferable for a muhrim (men only) to cover the two shoulders or uncover one during consecration?

Answer: The Sunnah for a muhrim is to put the garment on both his shoulders and make its ends on his chest. This is the Sunnah and this is what the Prophet, peace and blessings of Allah upon him, has done. If he wants to perform the arrival circumambulation, he is then to put the middle of his garment under his right armpit and the ends of the garment on his left shoulder. He is to cover his right shoulder especially in the case of the arrival circumambulation; i.e. once arriving Mecca for performing pilgrimage or Umra. After finishing circumambulation he is to amend his garment, put it on his shoulders and pray the two prayer units of circumambulation. This who always uncovers his shoulder violates the Sunnah as does he who uncovers his both shoulders. The Sunnah is to cover them while he is muhrim. If he takes of the garment and does not cover his shoulders while sitting, eating, or talking to brothers, this is nothing wrong in that. However, when wearing the garment, the Sunnah is to put it on his shoulders and its ends on his chest.

The definition of sewn garments

Question: What is the definition of sewn garments? Is it allowed to wear the trousers used today under the garments of pilgrimage?

Answer: A muhrim for pilgrimage or Umra is not allowed to wear trousers or the others that are sewn over the whole or half of the body such as the undershirts and the like; or that for the lower body half such as trousers. The Prophet, peace and blessings of Allah be upon him, has said when asked about what a muhrim wears: “He should not wear a shirt, a turban, trousers, a hooded cloak, slippers; except for one who cannot find slippers, then he can use leather socks but the socks should be cut short so as to make the ankles bare.” [Agreed upon from the Hadith of Ibn 'Umar, may Allah be pleased with him and his father].

«لا تلبسوا القمص، ولا العمائم، ولا السراويلات، ولا البرانس، ولا الخفاف. إلا أحد لا يجد النعلين، فليلبس الخفين. وليقطعهما أسفل من الكعبين...» متفق عليه من حديث ابن عمر

The inquirer, so, knows the sewn garments that are prohibited for the muhrim.

According to the above mentioned Hadith it is clear that what is meant by a sewn or a woven garment is the one sewn or woven to fit the whole body as a shirt, the upper half such as undershirts or the lower half such as trousers. What is sewn or woven for hands, such as gloves and legs such as leather socks take the same ruling. A man, however, can wear leather socks if there are no slippers without cutting it according to the right opinion. It is proven from Ibn Abbas, may Allah be pleased with him and his father, that the Prophet, peace and blessings of Allah be upon him, has preached to people at Arafat saying: “Whoever cannot get an Izar (the lower body garment), can wear trousers, and whoever cannot find slippers can wear leather socks” [Authenticated by Al-Albani].

«إذا لم يجد إزارا، فليلبس السراويل، وإذا لم يجد النعلين، فليلبس الخفين» صححه الألباني

He did not mention the cutting of the leather socks that was mentioned in the abrogated Hadith by the Hadith of Ibn Abbas, may Allah be pleased with him and his father.

This is for men. As for women in pilgrimage or Umra, they can always wear trousers and leather socks. They are prohibited to wear a niqab (face cover) or gloves, as the Prophet, peace and blessings of Allah be upon him, has prohibited us from that in the Hadith of Ibn 'Umar, may Allah be pleased with him and his father. They, however, cover their faces and hands with other than niqab and gloves from prohibited men such as the veil and the like. May Allah help us to succeed.

If the pilgrim meets a preventing excuse after consecration

Question: If a Muslim intends to perform pilgrimage and after consecration it becomes impossible for him to go on pilgrimage, what must he do?

Answer: If a person is prevented from pilgrimage after consecration due to an illness or the like, he is allowed to cancel the consecration after slaughtering a sacrificial animal then he has to have his hair clipped or shaved. Allah Almighty has said: {And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad), the Hajj and ‘Umrah (i.e. the pilgrimage to Makkah) for Allâh. But if you are prevented (from completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel) such as you can afford, and do not shave your heads until the Hady reaches the place of sacrifice.} [Surat Al-Baqarah 2:196].

{وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّـهِ ۚ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ ۖ وَلَا تَحْلِقُوا رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ الْهَدْيُ مَحِلَّهُ...} البقرة: 196

Transliteration: Waatimmoo alhajja waalAAumrata lillahi fain ohsirtum fama istaysara mina alhadyi wala tahliqoo ruoosakum hattayablugha alhadyu mahillahu

When the Prophet, peace and blessings of Allah be upon him, has been prevented from entering Mecca on the day of Al-Hudaybiya, he slaughtered a sacrificial animal, shaved his head, then he left and ordered his companions to do the same. However, if the prevented person, has said in his consecration: “but if I am confined by a confiner, then my canceling to the consecration is where I am confined”, he cancels his consecration without slaughtering an animal or doing anything. It is proven in the two authentic books of Hadith that A'isha (Allah be pleased with her) reported that Allah's Messenger (may peace be upon him) went (into the house of) Duba'a bint Zubair and said to her: Did you intend to perform Hajj? She said: By Allah, (I intend to do so) but I often remain ill, whereupon he (the Holy Prophet) said to her: Perform Hajj but with con- dition, and say:O Allah, I shall be free from Ihram where you detain me. And she (Duba'a) was the wife of Miqdad.

«دخل رسول الله صلى الله عليه وسلم على ضباعة بنت الزبير فقال لها: (لعلك أردت الحج). قالت: والله لا أجدني إلا وجعة ، فقال لها: (حجي واشترطي، قولي: اللهم محلي حيث حبستني). وكانت تحت المقداد بن الأسود» رواه البخاري ومسلم

Advancing the circumambulation and the hastening before throwing the pebble and the standing in Arafat

Question: Is it allowed to advance the onrush circumambulation and hastening before throwing Al-'Aqaba pebble or before standing in Arafat? Please advise us, may Allah reward you.

Answer: It is allowed to advance the onrush circumambulation and hastening before throwing the pebbles. But, it is not rewarded to circumambulate for pilgrimage before Arafat not even at the midnight of the night of slaughtering. If he, even, departs it and comes down from Muzdalifah in the eve of the feast, he is allowed to circumambulate and hasten in the second half of the night of slaughtering and on the slaughtering day before throwing pebbles. A man asked the Prophet, peace and blessings of Allah be upon him, saying: I performed the onrush circumambulation before throwing pebbles. He replied: “No harm” [Reported by Muslim].

«إني أفضت إلى البيت قبل أن أرمي . قال: ارم ولا حرج» رواه مسلم

If one comes down from Muzdalifah in the morning of the feast or at the end of the night if one is from the weak, such as women and the like, one is allowed to start circumambulation in order for a woman not to get her menses. The same applies for a weak man; he starts circumambulating, and then throws the pebbles, and there is no harm in that. It is better, however, to throw the pebbles then slaughter the sacrificial animal if there is any, then has his hair clipped or shaved. Shaving is preferable. Then he starts the last circumambulation as done by the Prophet, peace and blessings of Allah be upon him, when he threw the pebbles on the feast day, then he slaughtered his sacrificial animal, then he had his hair shaved, after that he put on some perfume, rode to the holy Mosque and circumambulated. If a person advances some actions before others such as slaughtering before throwing pebbles, circumambulating before slaughtering or circumambulating before shaving, all these are rewarded, all praise be to Allah. The Prophet, peace and blessings of Allah be upon him, was asked about advancing and delaying, and he replied: “No harm, No harm” [Agreed upon].

«أن النبي صلى الله عليه وسلم قيل له: ...والتقديم والتأخير، فقال: لا حرج» متفق عليه

The ruling of touching or pointing to the Yemenite Corner

Question: What is the ruling of touching or pointing to the south-western corner of the honorable Kaaba during circumambulation? What is the number of saying “Allah is Greater” there and at the Black Stone? Please advise us, may Allah reward you.

Answer: This who is circumambulating is allowed to touch the Black Stone and Yemenite Corner in each round of the circumambulation. It is recommendable especially also to kiss the Black Stone with touching it in each round even in the last round, if it is easy without hardship. In case of hardship, it is detested to crowd. It is allowed to point to the Black stone by one's hand or one's stick and to say: “Allah is Greater”. As for the Yemenite Corner, nothing is mentioned, according to our knowledge, about pointing to it. One, however, can touch it with his right hand if possible without hardship saying: “In the name of Allah and Allah is Greater, or Allah is Greater”. One does not kiss it. With hardship, one does not touch it. One goes on circumambulating without pointing or saying: “Allah is Greater” as it has not been mentioned from the Prophet, peace and blessings of Allah be about him, nor his companions, may Allah be pleased with them; as I have declared that in the book “Verification and Declaration of Many of the Matters of Pilgrimage, Umra and Visiting”. As for saying Allah is Greater, it is to be said only once. I do not know an evidence for repeating it. In all the circumambulation, one says the possible invocations and religious remembrance. One ends each round with what is proven from the Prophet, peace and blessings of Allah be about him; i.e. saying the famous invocation: {Our Lord! Give us in this world that which is good and in the Hereafter that which is good, and save us from the torment of the Fire!} [Surat Al-Baqarah 2:201].

{...رَبَّنَا آتِنَا فِي الدُّنْيَا حَسَنَةً وَفِي الْآخِرَةِ حَسَنَةً وَقِنَا عَذَابَ النَّارِ} البقرة: 201

Transliteration: rabbana atinafee alddunya hasanatan wafee alakhiratihasanatan waqina AAathaba alnnari

All the remembrances and prayers in circumambulation and hastening are from the Sunnah and are not obligatory. May Allah help us to succeed.

Combining between the onrush circumambulation and the farewell circumambulation

Question: Is it allowed to combine between the onrush circumambulation and the farewell circumambulation in case of direct departure from Mecca and returning to the homeland?

Answer: there is no harm in doing that. If a person delays the onrush circumambulation and intends to travel, he can circumambulate upon traveling, after throwing the pebbles and finishing everything, the onrush circumambulation compensates him for the farewell circumambulation and he is rewarded. If he circumambulates both (the onrush and the farewell circumambulation), so this is good added to good. But if he settles for only one and intends to circumambulate for pilgrimage (the onrush) then this is enough and rewarded for and he is not obligated then to do the farewell circumambulation. If he intends by his circumambulation both the onrush and the farewell circumambulations, this is rewarded for, too.

The ruling of delaying the onrush circumambulation and throwing the Greater Jamra

Question: Is it allowed to delay the onrush circumambulation after the slaughtering day? In addition, is it allowed to delay throwing Al-Aqaba pebble and the other pebbles to be thrown after their due time?

Answer: Pilgrimage (onrush) circumambulation has a prolonged time. It can be delayed to the thirteenth (of the month of Dhul-Hîjjah) or to the end of the month as long as one is still in Mecca. As for throwing pebbles, it can be delayed to the end of the day of the thirteenth. They can all be thrown on this day in order. One starts with throwing the seven pebbles of Al-Aqaba for the feast day, then returns to the minor and throws seven pebbles for the eleventh; the middle and Al-Aqaba are accordingly done. Then one returns to throw them for the twelfth and there is nothing wrong about that because of his valid excuse.

The ruling on standing in Arafat

Question: If a pilgrim stands outside the borders of Arafat till the sun sets then he leaves, what is the ruling on his pilgrimage?

Answer: If a pilgrim does not stand on Arafat at the due time of standing, his pilgrimage then is not accepted as the Prophet, peace and blessings of Allah be upon him, has said: “Pilgrimage is Arafat” [Authenticated by Al-Albani].

«الحج عرفة» صححه الألباني

This who reaches Arafat at night before dawn achieves pilgrimage. The due time of standing is from the afternoon of Arafat day until the dawn of the night of the Sacrifice day. This is agreed upon unanimously among scholars.

Scholars, however, disagree about the time before noon. Most of them see that it is not rewarded to stand before noon, if the pilgrim does stand neither in the afternoon nor at night. He, who stands in the morning, in the afternoon or at night, is then rewarded. It is preferable to stand in the morning after the advancing combination of both the noon and afternoon prayers until the sunset. It is not allowed to leave before sunset to this who stands in the morning. If he/she does that, he/she then has to slaughter a sacrificial animal according to many of the scholars as he/she does not do an obligatory matter i.e. standing in the morning and at night for this who stands in the morning.

The ruling of leaving Arafat before sunset for the excuse of work conditions

Question: What is the ruling for this who performed pilgrimage and left Arafat before the sunset due to his work conditions?

Answer: This who leaves Arafat before sunset has to offer a Fidyah (sacrifice), according to many scholars, unless he returns at night. The sacrifice then is not obligatory. The sacrifice is a sacrificial animal that is distributed to the needy of the Sanctuary.

Is it permissible to stand in Arafat at night for those who miss standing during the daytime?

Question: A person participated in pilgrimage but due to his work, he was unable to stand at Arafat in the morning. Can he stand at night after people leave? How much time is sufficient to stay? If he passes by his car at Arafat, is it rewarded?

Answer: The time of standing at Arafat extends from the dawn of the ninth day until the dawn of the slaughtering day. If a pilgrim is not able to stand in the morning of the ninth day, and as a result he stands at night after the departure of people, this is sufficient, even if he stands at Arafat late at night a few minutes before morning. In addition, if he passes by Arafat driving his car, this is sufficient. It is preferable, however, to attend the time at which people stand and participates with them in praying and supplications on the eve of Arafat. He is to show submissiveness and the presence of heart. He is to wish from Allah as others do such as the revealing of mercy and the attaining of forgiveness. If he misses the morning and stands at night, it is preferable to stand as early as possible. He is to stand at Arafat, even if for a little time. He is to raise his hands asking Him with humility. He is to go with people to Muzdalifah staying there until the end of the night to complete his pilgrimage.

What is the regulation that controls staying the night at Muzdalifah? And what is the ruling if it is impossible to stay at night?

Question: What is the regulation of staying the night at Muzdalifah? If staying at night is not possible and a pilgrim only passes by it, what is then the ruling of his pilgrimage?

Answer: A pilgrim must spend the night at Muzdalifah until midnight. If he/she continues his/her staying the night, prays the dawn prayer, remembers Allah after praying and asks forgiveness until the morning light appears, this is then better and more perfect. Weak women, the aged and the like can leave in the second half of the night, as the Messenger of Allah, peace and blessings of Allah be upon him, has permitted the weak of his family to do that. He, peace and blessings of Allah be upon him, however, has spent the night at Muzdalifah, prayed the dawn prayer, remembered Allah after praying, said there is no god but Allah and asked for His forgiveness. After it became very shiny, he went to Mina. It is preferable and more perfect for a pilgrim to follow him, peace and blessings of Allah be upon him, in that. For the weak, they have the permission to leave before morning as aforementioned. This who does not remain at night in Muzdalifah without rightful excuse must offer a slaughter as he/she has thus contradicted the Sunnah. In addition, Ibn Abbas, may Allah be pleased with him and his father, said: this who leaves or forgets a ritual has to offer a slaughter blood. There is no doubt that spending the night in Muzdalifah is a great ritual that some scholars have said that it is one of the pillars of pilgrimage. Others have said that it is from the Sunnah. The fairest opinion is that it is from the duties in pilgrimage that neglecting it entails slaughtering with repenting and asking for forgiveness for this who neglects it without a rightful excuse.

The ruling of staying the night at Muzdalifah

Question: Is it sufficient to pass by Muzdalifah without staying there till midnight?

Answer: staying the night in Muzdalifah is one of the obligations of pilgrimage. If a pilgrim does not stay at night there, he/she is to sacrifice (slaughtering for the needy of the Sanctuary). If a pilgrim, however, passes by Muzdalifah without staying at night, and after that he/she returns before dawn and stays for even a little time, then he/she does not need to sacrifice.

Delegating in throwing pebbles

Question: Is delegating in throwing the pebbles allowed for this who is unable to throw due to sickness or the like?

Answer: Yes. Delegating in throwing pebbles for this who is not able to throw by himself/herself due to sickness, old age or junior age is permissible. In addition to these people it is also permissible to those who may fear for the safety of others such as a pregnant woman or this who has a child and cannot find someone who can protect her child until returning; as there are danger and harm upon her of crowding with people during throwing the pebbles. Scholars have drawn up such issue taking evidence with what is reported by Ibn Majah from Jabir who said: “We performed pilgrimage with the Messenger of Allah, peace and blessings of Allah be upon him, and there were women and boys with us, we said the Talbiya instead of the boys and threw pebbles instead of them.” [Declared weak by Al-Albani]

«حججنا مع رسول الله صلى الله عليه وسلم ومعنا النساء والصبيان ، فلبينا عن الصبيان ورمينا عنهم» ضعفه الألباني

It is evidence, as well, the words of Allah Almighty {So keep your duty to Allâh and fear Him as much as you can} [Surat At-Taghâbun 64:16].

{فَاتَّقُوا اللَّـهَ مَا اسْتَطَعْتُمْ...} التغابن: 16

Transliteration: Faittaqoo Allaha ma istataAAtum

There is another evidence in the saying of the Almighty: {and do not throw yourselves into destruction (by not spending your wealth in the Cause of Allâh),} [Surat Al-Baqarah 2:195].

{...وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ...} البقرة: 195

Transliteration: wala tulqoo biaydeekum ila alttahlukati

And the saying of the Prophet, peace and blessings of Allah be upon him: “If I ordain you with an order, so perform from it whatever you can as long as you can”

«...وإذا أمرتكم بأمر فأتوا منه ما استطعتم» رواه البخاري

and his saying, peace and blessings of Allah be upon him: “Neither harm nor causing harm” [Authenticated by Al-Albani].

«لا ضرر ولا ضرار» صححه الألباني

The ruling of this who delegates in throwing pebbles while being able and then he travels

Question: What is the ruling of someone who delegates in throwing pebbles while being able to throw by himself; he then travels after the day of the feast and does not stay in Mina for two days?

Answer: Delegating is not allowed but for those who have legitimate reasons such as the old aged, the ill, and the pregnant that may be harmed and the like. Delegating without a valid excuse is not permitted. He still needs to throw even if his pilgrimage is optional, according to the right saying. As he has started the pilgrimage and Umrah, he has then to complete them even if they are optional as Allah Glorified and Exalted has said: {And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad), the Hajj and ‘Umrah (i.e. the pilgrimage to Makkah) for Allâh.} [Surat Al-Baqarah 2:196].

{وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّـهِ...} البقرة: 196

Transliteration: Waatimmoo alhajja waalAAumrata lillahi

This includes both the optional and obligatory pilgrimage and Umrah. If one is excused for illness or old age, so there is no wrong in delegating. The delegated throws for himself and for his authorizer in one situation all the pebbles, this is the right opinion. In addition, if he travels before performing the farewell circumambulation, this is then another wrong doing. Farwell circumambulation is due after throwing or after the throwing of his delegate of the pebbles if he is unable. Traveling before the farewell circumambulation and before the ending of the days of throwing has a somehow cheating aspect, so this is not allowed. He has then to slaughter twice: one for leaving throwing the pebbles which is to be done in Mecca and one for leaving performing the farewell circumambulation and this is also to be done in Mecca. If he circumambulates in the same day of the feast, this also, is not rewarded and it is not called farewell circumambulation. Farewell circumambulation is due after throwing the pebbles. There is no farewell circumambulation before throwing as the Prophet, peace and blessings of Allah be upon him, has said: “No one of you is to leave unless his last engagement is in the House” [Ibn Mulqin, authentic].

«لا ينفرن أحدكم حتى يكون آخر عهده بالبيت» ابن ملقن، صحيح

It is also verified that Ibn Abbas, may Allah be pleased with him and his father, said: “People were ordered to make the last engagement in the House but it was eased for the menstruating woman.” [Reported by Muslim].

«أمر الناس أن يكون آخر عهدهم بالبيت. إلا أنه خفف عن المرأة الحائض» رواه مسلم

The time of throwing the pebbles and throwing at night

Question: What is the starting time of throwing the pebbles: the pebbles of the three days of Tashreeq (12, 13 and 14th of Dhul-Hijjah) And when does it end? Is it right for a pilgrim to throw these pebbles at night especially on the present days where we can see them to be very crowded and there is great hardship in throwing during the morning? Some people draw conclusions from the authentic Hadith reported by al-Bukhari in his authentic book from Ibn Abbas, may Allah be pleased with him and his father, that he said: “The Messenger of Allah, peace and blessings of Allah be upon him, was being asked at Mina on the day of slaughtering and he was replying that there was no harm. Then a man said to him: “I got my head shaved before slaughtering.” He replied, “Slaughter (now) and there is no harm in it.” (Another) man said, “I threw the pebbles after midday.” The Prophet replied, “There was no harm in it”.

«كان النبي صلى الله عليه وسلم يسأل يوم النحر بمنى، فيقول: لا حرج. فسأله رجل فقال: حلقت قبل أن أذبح، قال: اذبح ولا حرج. وقال: رميت بعدما أمسيت، فقال: لا حرج» رواه البخاري

It is said that if the Messenger of Allah, peace and blessings of Allah be upon him, has allowed the man to throw at night as the throwing on the day of slaughtering is very obligatory for each pilgrim until performing the first Tahallul (relief from consecration), so what about the three days of Tashreeq that are less obligatory than the day of slaughtering? This is evidence that throwing in the nights of the three days of Tashreeq is allowed. What is the ruling of those who throw the pebbles at night; is there any wrong doing concerning this? We hope from your eminence to illustrate this point and mention the evidence.

Answer: The time of throwing the pebbles on the days of Tashreeq is from noon to sunset as it was reported by Muslim in his authentic book that Jabir, may Allah be pleased with him, said: “The Messenger of Allah, peace and blessings of Allah be upon him, threw on the day of slaughtering at the forenoon, and threw after that in the afternoon”.

«رمى رسول الله صلى الله عليه وسلم الجمرة يوم النحر ضحى. وأما بعد، فإذا زالت الشمس» رواه مسلم

It is reported by Al-Bukhari from Ibn 'Umar, may Allah be pleased with him and his father, that he was asked about that, so he replied “we were watching, if it became noon, we threw”.

«كنا نتحين فإذا زالت الشمس رمينا» رواه البخاري

Most scholars agree on that. However, if one is obliged to throw at night, so there is no harm in that. It is religiously safer, however, to throw before sunset if one is able to do that to follow the Sunnah and to be away from controversy. As for the aforementioned Hadith of Ibn Abbas, it is not an evidence of throwing at night as the inquirer asked the Prophet, peace and blessings of Allah be upon him. The clear text shows that it is not permissible to throw at night, but it is basically allowed. It is preferable and safer, however, to throw in the morning. Upon necessity, there is no harm to throw after sunset till the end of the night of the same day. As for the second day, one is not to throw for the previous day except for the day of slaughtering for the weak in the second half. As for the strong, it is the Sunnah to throw Al-Aqaba pebble after the sunrise, as aforementioned by scrutinizing the Hadiths mentioned about this matter. And Allah knows better.

The ruling about staying the night outside Mina

Question: If a pilgrim does not find a place to spend the night at Mina, what can he/she do? If he/she spends the night outside Mina, is he/she mistaken?

Answer: If a pilgrim does his/her best in finding a place to spend the night at Mina but he/she does not find any, so there is no harm to stay outside it, because of the words of Allah Glorified and Exalted: {So keep your duty to Allâh and fear Him as much as you can} [Surat At-Taghâbun 64:16].

{فَاتَّقُوا اللَّـهَ مَا اسْتَطَعْتُمْ...} التغابن: 16

Transliteration: Faittaqoo Allaha ma istataAAtum

He/She does not need to sacrifice for not spending the night at Mina as he/she was not able to do that.

The ruling of leaving spending the night at Mina on the days of Tashreeq without a valid excuse

Question: What is the ruling about he who leaves staying the night at Mina on the three days or the two mentioned days for this who is hasty, is he to offer blood (sacrifice) for each day in which he did not stay the night at Mina or is he to offer blood only once for the whole three days in which he did not stay the night at Mina? We hope to illustrate that and mention the evidence.

Answer: This who lets staying at night at Mina on the days of Tashreeq without excuse has quit performing something that has been legislated by the Messenger of Allah, peace and blessings of Allah be upon him, by his words and deeds; with the evidence of his permission to some of the excused such as shepherds and water carriers. Permission must be granted to people of determination. Therefore, staying the night at Mina on the days of Tashreeq is considered obligatory in pilgrimage in the more appropriate opinion of the scholars. This who lets it without a valid excuse has to offer blood as it is proved that Ibn Abbas, may Allah be pleased with him and his father, said: “this who leaves or forgets a ritual has to offer blood”. It is enough to slaughter only once for leaving spending the nights of the days of Tashreeq. And Allah knows better.

The ruling about leaving the farewell circumambulation

Question: What is the ruling of the pilgrimage of this who did not perform the farewell circumambulation?

Answer: His pilgrimage is right according to the consensus of the scholars, but it has a defect that is reformed by slaughtering as the farewell circumambulation is obligatory in the more appropriate opinion of the scholars. The Prophet, peace and blessings of Allah be upon him has said: “No one is to leave unless his last engagement is the House”. [Reported by Muslim in his authentic book of Hadith].

«لا ينفرن أحد حتى يكون آخر عهده بالبيت» رواه مسلم

Only a menstruating woman or this who is in childbed has no farewell. It is verified in the two authentic books that Ibn Abbas, may Allah be pleased with him and his father, said: “People were ordered to make the last engagement to the House but it was eased for the menstruating woman”.

«أمر الناس أن يكون آخر عهدهم بالبيت، إلا أنه خفف عن الحائض» متفق عليه

Is it stipulated that one must pray two Rak'ahs for consecration?

Question: Is praying two rak'ahs a condition for consecration?

Answer: It is not a condition, but scholars contradict about preference. Most scholars argue that it is preferable to pray two prayer units. One is to perform ablution, pray two prayer units and call the pilgrimage calling. Their evidence is that the Prophet, peace and blessings of Allah be upon him, entered the state of consecration after praying; i.e. he prayed the noon prayer and then became in the state of consecration in his farewell pilgrimage. He, peace and blessings of Allah be upon him has said: “A messenger came to me from my Lord and asked me to pray in this blessed valley and to assume Umra and pilgrimage together” [Reported by Al-Bukhari].

«لليلة أتاني آت من ربي -وهو بالعقيق- أن صل في هذا الوادي المبارك، وقل: عمرة في حجة» رواه البخاري

This is an evidence for the legality of praying two prayer units as said by the majority of the scholars. Others say: “this is not mentioned in a text”. Saying “A messenger came to me from my Lord and asked me to pray in this blessed valley” may mean one of the obligatory five prayers and not two prayer units for consecration. It is evidence, however, that it is better to consecrate for both Umra and pilgrimage together, if possible.

Abdul Aziz Ibn Abdullah Ibn Baz

Ibn Khuzaymah House

Wathakker Website