Pilgrims leaving Muzdalifa and proc...

Egypt's Dar Al-Ifta

Pilgrims leaving Muzdalifa and proceeding to Mecca before going to Mina

Question

The Ministry of Justice has proposed that the travel route of the hajj expedition for 2009 be as follows: Cairo-Jeddah airport-Mecca-'Arafat-Muzdalifa-Mecca-Mina-Mecca such that pilgrims proceed to Mecca directly from Muzdalifa to perform tawaf al-ifada, sa'y for hajj and full release from ihram. They will then head to Mina to stone Jamarat al-'Aqaba al-Kubra. Is this route permissible for pilgrims on hajj tamattu' or must they depart from Muzdalifa and proceed to Mina to stone Jamarat al-'Aqaba al-Kubra before their full release from ihram?

Answer

It has been unanimously agreed upon that the established duties of yawm al-nahr (day of slaughter) for a pilgrim on hajj tamattu' and qiran are four, in the following order of precedence: stoning Jamarat al-'Aqaba, slaughtering the hady, shaving or shortening the hair and performing tawaf al-ifada. Scholars have concurred that inverting the order does not nullify hajj and that if the order is inverted, hajj is still valid. The majority of scholars have maintained the validity of hajj without the need to offer a sacrifice in expiation while others maintained its validity but stipulated an expiatory sacrifice. Imam Ibn Qudama, the Hanbali scholar, wrote in Al-Mughni (vol. 3, p. 480): "We do not know of any scholarly difference of opinion on whether inverting the order of the duties of hajj invalidates them, but [scholars’] differences only centered on the obligation to slaughter in expiation."

Imam Al-Qurtubi said, "Al-Shafi'i and the majority of scholars from among the Salaf and scholars of hadith have maintained the non obligatoriness of slaughtering in expiation for inverting the order of the duties of hajj due to the words of the Prophet (peace and blessings be upon him), 'There is no harm' in response to the pilgrim who asked him about this matter. The Prophet's words attest that one is not blameworthy for inverting the order and the non-obligatoriness of compensation" (excerpted from Fath Al-Bari by Ibn Hajar vol. 3, p. 571, Dar al-Ma'aref).

As for performing tawaf al-ifada before stoning Jamarat al-'Aqaba, it is permissible according to the opinion of the majority of scholars. Maliki scholars supported this opinion but necessitate slaughtering in expiation. Scholars substantiated their opinion with the hadith narrated by 'Abdullah Ibn 'Abbas (may God be pleased with them both) who said, "A man asked the Prophet (peace and blessings be upon him), 'I visited before stoning.' He replied, 'There is no harm in this.' The man said, 'I shaved my head before slaughtering.' The Prophet (peace and blessings be upon him) replied, 'There is no harm in this.' The man said, 'I slaughtered before stoning.' The Prophet (peace and blessings be upon him) replied, 'There is no harm'” (recorded by Bukhari in his Sahih).

Imam Muslim recorded in his Sahih a hadith narrated by 'Abdullah Ibn 'Amr (may God be pleased with them both) who said, "A man approached the Prophet (peace and blessings be upon him) who was standing at the stoning site on yawm al-nahr and said, 'O Messenger of God! I shaved my head before stoning.' The Prophet replied, 'Stone and there is no harm in this.' Another man approached the Prophet and said, 'I slaughtered before stoning.' The Prophet (peace and blessings be upon him) replied, 'Stone and there is no harm in this.' A third man approached the Prophet (peace and blessings be upon him) and said, 'I performed tawaf al-ifada before stoning.' The Prophet (peace and blessings be upon him) replied, 'Stone and there is no harm in this.' Ibn 'Amr said, 'On that day, the Prophet (peace and blessings be upon him) was not asked about anything to which he did not reply, 'Do so and there is no harm in it."

According to the Shafi'is and Hanbalis, the time for tawaf al-ifada begins at the midpoint of the eve of yawm al-nahr. The Hanafis and Malikis hold that it begins from the time of true dawn. They maintained that the only condition for its validity is that the pilgrim had stood at 'Arafat beforehand but it is not a condition to have stoned beforehand. Based on this, it is not obligatory for a pilgrim to depart from Muzdalifa for Mina; it is permissible for him to leave Muzdalifa on the eve of yawm al-nahr and proceed directly to Mecca to perform tawaf al-ifada and then return to Mina to perform the rest of the rites of yawm al-nahr.

Imam al-Nawawi mentioned in Rawdat Al-Talibin (vol. 8, p.221, Dar al-Fikr), "The time for the performance of tawaf al-ifada begins from midnight of the eve of yawm al-nahr. There is no difference of opinion on this in our school. The judges, Abu al-Tayeb and Hussein in their Ta'leeqs, the author of Al-Bayan and others mentioned that there is no text from Al-Shafi'i on this; however, other Shafi'i scholars subsumed its beginning time to that of stoning.

Release from ihram
This is performed in two stages:
1- The first or partial release from ihram: The partial release from ihram renders permissible all of the things that were unlawful during ihram except for sexual intercourse or foreplay. The partial release from ihram is accomplished by the following: shaving the hair according to Hanafi scholars, stoning according to Maliki and Hanbali scholars and doing any two of the three rites of yawm al-nahr according to Shafi'i scholars (with the exception of slaughtering because it is not among the things necessary for release from ihram).

2- The second or full release from ihram: It renders permissible all of the things that were unlawful in ihram, even sexual intercourse. It is accomplished by performing tawaf al-ifada only provided one has had his head shaved according to Hanafi scholars, performing tawaf al-ifada in addition to making sa'y according to Maliki and Hanbali scholars and by completing the three rites according to Shafi'i scholars.

The ruling

Based on the above, there is no legal objection to proceeding directly to Mecca from Muzdalifa to perform tawaf al-ifada before stoning Jamarat al-'Aqaba and this does not entail any consequences.
 

Share this:

Related Fatwas