The time for standing at 'Arafat an...

Egypt's Dar Al-Ifta

The time for standing at 'Arafat and phasing the pilgrims' departure

Question

We reviewed request no. 2009 for the year 2009 which includes the following:

    1-What is the ruling for someone who stands at 'Arafat before noon only? Is it permissible for pilgrims to depart from 'Arafat before sunset? And what is the ruling for someone who stands at 'Arafat for only a portion of the eve of yawm al-nahr?

    2-Is it permissible for pilgrims to depart from 'Arafat in stages to facilitate the departure of their great numbers? Is this considered changing the rites of hajj?
 

Answer

    The majority of scholars have concurred that:

• It is valid to stand at 'Arafat any time after midday.
• The time for standing there ends by the break of dawn of yawm al-nahr.
• It is valid to stand at 'Arafat for both day and night after midday and there is no problem for a person who does this.
• The hajj of a person who stands at 'Arafat on the eve of yawm al-nahr is valid.

    The ruling for standing at 'Arafat and leaving before midday and whether this fulfills the obligation of standing at 'Arafat after midday

    The majority of scholars have maintained that the time for standing at 'Arafat starts at midday (zawal); standing there before this time does not fulfill the obligation and whoever does not stand there after midday misses hajj.

    Hanbali scholars hold that the hajj of a pilgrim who stands at 'Arafat and departs after dawn and before midday is valid but he must slaughter in expiation. They based their opinion on the hadith narrated by 'Urwa ibn Mudarras (may Allah be pleased with him) who said, "I approached the Messenger of Allah at Muzdalifa when he was on his way to prayer and said, 'O Messenger of Allah! I have come from the mountains of Tayi`. My mount is exhausted and so am I. By Allah, I did not come across any hill without halting there. Have I thus completed my hajj?' The Prophet said, 'Whoever offers this prayer, stands with us until we depart and had stood at 'Arafat beforehand, whether by night or during the day, has completed his hajj" [Recorded by Imam Ahmed and the authors of the Sunan (Imams Bukhari, Muslim, al-Tirmidhi, Abu Dawud, al-Nisa`i and Ibn Majah). Al-Tirmidhi, Ibn Majah, al-Darqutni and al-Hakim declared it authentic. Al-Hakim wrote in Al-Mustadrak (vol. 1, p. 462), 'This hadith is authentic according to the criteria laid down by all hadith scholars; this is a principle in Islam].
After mentioning this hadith, Imam Abu al-Barakat Ibn Taymiya, the Hanbali scholar, mentioned in Muntaqa Al-Akhbar ma'a Nayl Al-Awtar (vol. 5, p. 116): "It [the hadith] is proof that the entire day of 'Arafat is a time for standing on it."

    The luminary Al-Shawkani wrote in Nayl Al-Awtar (vol. 5, p. 116): "In response, the majority of scholars maintained that 'the entire day' signifies the period after midday. This is evidenced by the fact that the Messenger of Allah and the righteously guided caliphs who succeeded him did not stand at 'Arafat at any other time; no one reported that the Prophet stood there before that time. It is as if they made this action a restriction on the general implication of the words."

    The luminary and Hanbali scholar, Al-Mardawi, mentioned in Al-Insaf (vol. 4, p. 23): "This is the established opinion of our school and the opinion of the majority of Hanbali scholars; many of them maintained its definitiveness and the author of Al-Furu' gave it precedence.

    The luminary and Hanbali scholar, Al-Bahuti, wrote in Kashaf Al-Qina' (vol. 2, p. 494): "The time for standing at 'Arafat is before midday as well as after it. The fact that the Prophet did not stand at 'Arafat before midday does not rule it out as a legitimate time … the time the Prophet stood at 'Arafat is the optimal time."

    Does standing at 'Arafat after midday and departing before sunset fulfill the obligation?

    The majority of scholars have maintained that hajj is valid if a person stands at 'Arafat after midday, even if for a brief moment, and then leaves at any time before sunset and he has thus fulfilled the obligation. Some, such as Hanbali and Hanafi scholars, obligate such a person to slaughter in expiation because standing at 'Arafat for a portion of both day and night is required in their schools. Other scholars do not obligate expiation and this is the most correct opinion in the Shafi'i school. Others who support the Shafi'is in this matter are Zahiri scholars and one report from Imam Ahmed. They based their opinion on the fact that standing at 'Arafat for a portion of day and night is merely recommended and not obligatory. Imam Malik holds a different opinion; according to him, this obligatory rite is met by standing at 'Arafat for a portion of the night. The majority of scholars substantiated their opinion with the above mentioned hadith of 'Urwa Ibn Mudarras.

    Imam Ibn Qudama, the Hanbali scholar, mentioned in Al-Mughni (vol. 3, p. 432): "According to the majority of scholars except for Imam Malik, the hajj of a pilgrim who leaves 'Arafat before sunset is valid. He [Malik] said, '[Such a person] has missed hajj.' Ibn 'Abd al-Barr said, 'I do not know of anyone in the scholarly community who holds the same opinion as Malik.' "

    It is stated in Hidayat Al-Salik ila Al-Madhaheb Al-Arba'a fi Al-Manasek (vol. 3, p. 1165) by Imam Ibn Jama'a: "Abu Talib said, 'I asked Ahmed about a man who stood at 'Arafat with the Imam from noon to midafternoon and who then remembered that he had left his funds at Mina. He [Ahmed] replied that he prefers that, if the man had stood at 'Arafat and wished to excuse himself to fetch his funds, he must inform his Imam. If the Imam grants him permission, he may leave and not return since he had already stood at 'Arafat … Whoever stood at 'Arafat at night or during the day before the break of dawn, has completed his hajj.' "

    The luminary Al-Shanqiti wrote in Adwa` Al-Bayan (vol. 4, p. 438): "The Arabic letter 'fa`' attached to the beginning of the Prophet's words, 'fa qad tamm hajjihu' (his hajj is complete) qualifies standing at 'Arafat during either the night or day i.e. a pilgrim who stands at 'Arafat during the day has completed his hajj. The meaning of the Prophet's words “complete” is evidence of the non obligatoriness of slaughtering in expiation … there is no explicit text that contests the apparent meaning of this hadith. Due to the meaning derived from it, the established opinion of the Shafi'i school is the non obligatoriness of slaughtering in expiation for someone who stands at 'Arafat during the day only. Allah the Almighty knows best."

    Standing at 'Arafat for only a portion of the night before dawn of yawm al-nahr

    Scholars are unanimous that hajj is accomplished for a person who stands at 'Arafat for a portion of the night before dawn of yawm al-nahr even if he does not stand for any period of the day. Some Maliki scholars obligate slaughtering in expiation for such a person except if he fears missing standing at 'Arafat due to time constraints and for someone who has an excuse. There is no doubt that fear of overcrowding and the danger it entails is a legitimate excuse for not standing at 'Arafat during the day.

    The hadith scholar, Ibn Abdul-Bar wrote in Al-Tamhid (vol. 9, p. 275): "Muslims are unanimous that standing at 'Arafat at night fulfills the obligation of standing at daytime for those who are pressed for time or have an excuse. According to some scholars, any other categories of people must slaughter in expiation while other scholars maintain otherwise."

    Imam Ibn Qudama, the Hanbali scholar, mentioned in Al-Mughni (vol. 3, p. 432): "Whoever does not stand at 'Arafat for a portion of the day and does not come to 'Arafat until the sun has set must stand at night: there is no blame upon him if he does so and his hajj is complete. We do not know of any scholar who contests this opinion. This opinion is based on the words of the Prophet who said, 'Whoever stands at 'Arafat by night has accomplished his hajj.' Someone who misses standing at 'Arafat for a portion of the day, is similar to one who enters ihram from his house due to its proximity to the miqat."

    Based on this, in such matters over which there are scholarly disagreements, it is permissible for a pilgrim to choose what is most conducive to his health and safety. He may choose between the following:

• To stand at 'Arafat and depart after dawn and before midday, which is the opinion of Hanbali scholars.
• To depart from 'Arafat before sunset without slaughtering in expiation as Shafi'i scholars maintain; or depart before sunset and slaughter in expiation which is the opinion of Hanafi and Hanbali scholars.
• To stand at 'Arafat for a portion of the eve of yawm al-nahr without entailing any consequences.

    Preservation of lives is one of the objectives of Islamic law and it takes precedence over adhering to the opinions of even the majority of scholars in issues over which there is disagreement. It is necessary to avoid injury and loss of life that may happen as a result of the congestion of pilgrims being present at the same locations at the same time. Therefore, it is neither wise nor legally valid to obligate a recommended action or a matter over which there is a scholarly difference at the expense of peoples' lives.

    Islam is a refined religion; it aims to preserve the safety and comfort of those performing acts of worship and gives precedence to the public interest over that of the individual. There is no objection to abandoning the opinion of a particular school of jurisprudence in favor of another if benefit lies elsewhere and if restricting oneself to a certain opinion will result in great hardships for pilgrims. This is because the legal axiom states: "Latitude should be afforded in the case of difficulty."

    Based on this, the concerned authorities must regulate the pilgrims' departure from 'Arafat and choose the scholarly opinion that is most convenient to the volume of pilgrims and that prevents congestion and jostling between them. Among the principles of jurisprudence is that it is permissible for a ruler to restrict what is permissible for the benefit of the public; he is entitled to choose the scholarly opinion that best achieves the objectives of Islamic law and what is in the best interest of the people since his administration is contingent upon their interests.

    The Hanbali scholar, Imam al-Zarkashy, wrote in Sharh 'ala Mukhtasar Al-Khiraqi (vol. 3, pp. 244-245): "The administration of hajj is entrusted to the leader. It cannot be disputed that he should be followed and a pilgrim is not to leave unless he does. This is because he is more knowledgeable of hajj and related matters, in which case he will regulate the pilgrims' departure." Therefore, it is permissible for Muslim leaders who are responsible for regulating hajj to choose the scholarly opinion from among the followed schools that is in the best interest of pilgrims concerning their safety and comfort. It is permissible to phase the departure of pilgrims depending on their numbers and the general interest. This is by no means considered changing the rites of hajj but is a commendable implementation of the rites of Allah for the welfare and protection of His guests. As mentioned in the hadith, pilgrims on hajj and 'umra are the guests of Allah the Almighty; if they supplicate Him, He answers them and if they ask for His forgiveness, He forgives them.

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