It is not permissible to stone the Pillars during the Days of At-Tashreeq before Midday
Question :
A Hajj pilgrim from outside of the Kingdom who does not know about the conditions of travel, ticket arrange- ments and airplanes, asked in his country could he reserve a ticket for 4:00 pm in the afternoon (13/12/1405 AH) and he was told that this was possible. So, he reserved that date and he was caught by the requirement of spending the night in Mina for the 13th night, which is the night of the 12th of Thul-Hijjah. So, is it permissible for him to stone in the morning and then leave, knowing that if he delayed it until after midday he will miss his trip, which will result in great hardship and breaking the law of the authorities?
Answer:
It is not permissible for him to stone before midday, but maybe we can say that he is not required to stone in this situation due to necessity. We say to him: "You are required to offer a ransom (of atonement) by slaughtering an animal in Mina or Makkah or you appoint someone to slaughter it for you. It should be distributed among the poor. Then you are to make Tawaful-Wada' and then leave. We say, in reference to your statement: 'If the answer is that it is not permissible, isn't there an opinion that permits stoning before midday?' The answer is that there is an opinion that permits stoning before midday, but it is not correct. The correct view is that stoning before midday is not permissible. This is because the Prophet ﷺ said:
"Take your Hajj rites from me.'
And he did not stone until after midday. If a person says: 'The Prophet's stoning after midday is simply his action and mere action does not prove obligation,' we say that this is correct. It was merely an action and mere action does not prove obligation. In reference to it merely being action, this is because the Prophet ﷺ did not command that the stoning be done after midday nor did he prohibit stoning before midday. In reference to the action not being a proof of obligation, yes, it does not prove obligation, because obligation can only be by a command to do an action or a prohibition of leaving it off. However, we say that this action is accompanied by something that proves its obligation. This point of view is based on the fact that the Messenger ﷺ delayed stoning until the sun declined past midday, thus proving the obligation. For if the stoning before midday had been permissible, the Prophet ﷺ would have done it, because it is easier on the servants and more accommodating. And the Prophet ﷺ was not given the choice between two matters except that he chose the easiest of them, as long as it was not a sin. Thus, the fact that he did not choose the easiest thing here, which is stoning before midday, proves that it is a sin. The second point from that which proves that this action is for obligation, is the fact that the Messenger ﷺ stoned immediately after midday before praying the Zuhr prayer. So, it is as if he was waiting for the midday with anticipation to make haste with the stoning. For this reason, he delayed the Zuhr prayer even though it is better to pray it in the first part of its time. All of this was so that he could stone after midday."
Source:
Ash-Shaykh Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 4 Pages 244-245
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