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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 I do in order to wake up for Fajr (dawn) prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                What should I do in order to wake up for Fajr (dawn) prayer? Answer: Some of the acts that aid in offering Fajr prayer are: 1- Going to bed early. 2-  Willingness to wake up. 3- Reciting Al-Korsi verse from Chapter Al-Baqarah. 4- Taking refuge in Allah from the cursed devil, and making ablution immediatley after being awake, but it is preferable to ask someone to help in this regard to perform the Fajr prayer. And Allah Knows Best.

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is it permissible for household members to pool money for the Udhiyah and gift it to one of them?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for members of a household to pool their money together and gift the total amount to one individual among them so that he may offer the sacrifice (Udhiyah). In this case, the family members receive the reward for giving charity (Sadaqah), and the one performing the sacrifice includes them in the spiritual reward (Thawab).
 
Furthermore, slaughtering a single sheep (on one's own) is considered religously better than participating as one of seven people in the sacrifice of a cow or a camel. And Allah the Almighty knows best.

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