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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 is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

What is the ruling on speaking while relieving oneself?

It is disliked for one relieving himself to speak while doing so, except out of necessity. And Allah the Almighty knows best.

What is the ruling on the ablution of one who cuts his nails, and is it permissible to cut them before the ritual bath for major impurity (janabah)?

Cutting nails does not invalidate ablution, and it is permissible to cut them before the ritual bath for major impurity. And Allah the Almighty knows best.

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