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Hajj In A Group and The Problem Of Over-Crowding   

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Abdurrahman ibn Yusuf Mangera

I have recently returned from the hajj and have the following questions:

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Assalamu alaykum

In the name of Allah the Inspirer of truth.

1. It seems like the tour operators may have misunderstood the intent of the fatwa. Many ‘ulama have given a fatwa permitting the stoning to be delayed until after nightfall on the 10th, 11th, and 12th, of Dhu’l-Hijja. It is normally considered makruh to stone after nightfall on these days, but in the last decade or so, due to the crowds and difficulty, scholars have permitted for women and the weak to delay their stoning until after sunset. Likewise, they have permitted men accompanying such women to delay too to save them an extra trip. They have also given permission for men to perform it at night if it is difficult for them by day (Idhah al-Manasik 160).

Throughout the year the night of any day is considered to be the one which comes before the day. This means that from the Islamic perspective a Friday will begin at Maghrib on the Thursday and end at Maghrib on the Friday, after which the night of Saturday will begin. However, there are four days in the year which are an exception to this arrangement. One is the day of ‘Arafa where the night follows it (i.e. the night before the day of Nahr or Eid is considered the night of Arafa), and the three days of stoning (i.e. 10th, 11th, and 12th) where the nights following each day is considered the night of that day. Hence, scholars have now extended the time for the stoning into the nights of those days whereas it was normally considered disliked after sunset.

However, this does not in any way validate performing the stoning in advance in the night before the day of the stoning. On the 10th of Dhu’l-Hijja, the time for stoning begins after dawn but is disliked to stone until after sunrise. On the 11th and 12th the permitted time for stoning does not even begin until noon (zawal), after which it is Sunna to stone until sunset. Thus, stoning before the time has entered on any one of these days is impermissible (Nur al-Idhah).

Therefore, since your stoning took place before the time set in on the 12th day your stoning for that day was not valid and a penalty (dum) is necessary upon you due to missing the wajib (Idhah al-Manasik from Tatarkhaniyya 154). This penalty has to be discharged in the haram.

2. The time for the stay (in Muzdalifa) is between the dawn and sunrise (Nur al-Idhah). Therefore, having left before the time entered caused you to miss the necessary stay in Muzdalifa altogether. A penalty is necessary for missing this wajib as well.

It is necessary for people these days to be very careful in selecting a hajj group. Pilgrims return after the one important journey of their life and discover how many shortcuts had been taken and how many necessary rites they had been forced to or lead to miss. Many of these people never get a chance to return.

And in Allah we seek guidance.

Wassalam

Abdurrahman ibn Yusuf

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