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Resolutions of Iftaa' Board

Resolution No.(186): "The Time For Stoning the Jamarat During Hajj"

Date Added : 17-11-2015

 

Resolution  No.(186) (2/2013) by The Board of Iftaa`, Research and Islamic Studies:

"The Time For Stoning the Jamarat During Hajj"

Date: (26/3/1434 A.H); (7/2/2013 A.D).

 

All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the issue pertaining to the time for stoning  the Jamarat during Hajj.

After careful study and deliberation, the Board decided what follows:

There is no harm in stoning Jamrat Al-Aqba on the Day of Slaughter after midnight since the Shafites and the Hanbalites permitted that based on the narration of Asma`a: “During the night of Jam', Asma' got down at Al-Muzdalifa and stood up for (offering) the prayer and offered the prayer for some time and then asked: "O my son! Has the moon set?" I replied in the negative and she again prayed for another period and then asked: "Has the moon set?" I replied: "Yes." So she said that we should set out (for Mina), and we departed and went on till she threw pebbles at the Jamra (Jamrat-al-Aqaba) and then she returned to her dwelling place and offered the morning prayer. I asked her: "O you! I think we have come (to Mina) early in the night." She replied: "O my son! Allah's Apostle gave permission to the women to do so.” {Bukhari}.

The time for stoning the Jamarat on the Days of Tashreeq starts after Zawaal (i.e. the beginning of the time of Thuhr when the sun passes the meridian), based on the opinion of the majority of Muslim scholars. The evidence on this is the narration of Ibn Abbas: “The Messenger of Allah used to throw the Jamarat after the sun declined.”{At-Tirmizi in  a sound narration}. Ibn Umar (May Allah be pleased with them) narrated: “We used to wait till the sun declined and then we would do the Rami (i.e. on the 11th and 12th of Dhul-Hijja.” {Bukhari}.

If the pilgrim feared harm and hardship due to crowdedness and the huge number of pilgrims, or was bound by the departure of his Hajj campaign on the Day of An-Nafir (departure from Mina), which is the second of the days of Tashreeq [i.e. 12th of Thul-Hijjah] and the like, then he is permitted to stone the Jamarat before the Zawaal, based on the opinion of Ibn Abbass, Tawoos, Imam Abu-Haneefa, and Al-Rafi-A Shafite scholar- as concluded from the narration of Abdullah Bin Amro Bin Al-Ass: “So on that day, when the Prophet was asked about anything as regards the ceremonies of Hajj performed before or after its due time his reply was: "Do it (now) and there is no harm." {Bukhari&Muslim}.

A pilgrim wishing to take advantage of the above concession should start throwing the Jamarat after dawn, as stipulated by the scholars giving that concession. As regards starting the stoning from midnight of the following day, we found no concession for that in the established opinions of the Muslim scholars. It is imperative that every Muslim abides by the opinions of the four Muslim Jurists to be on the safe side as far as acts of worship are concerned since, nowadays, stoning the Jamarat after the Zawaal is done with ease and at the pilgrims` own convenience. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

Dr. Yahia Al-Botoosh/ Member

Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

What should one who doubts the validity of his ablution and performs it frequently do?

Whoever doubts the validity of his ablution after finishing it, his ablution is valid. This is because the default is the validity of the ablution, and because doubt after finishing an act of worship doesn`t affect its validity. And Allah the Almighty knows best.

Is it permissible for a woman to perform the obligatory prayer immediately after the adhan and before the Iqamah is performed in the mosque?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, it is permissible for a woman to perform the obligatory (Fard) prayer immediately after the Adhan (call to prayer) and before the Iqamah (call to commence prayer) is performed in the mosque. And Allah the Exalted knows best.

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]
The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

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