The Time of stoning the Pillars and stoning at Night
Question :
When does the time for stoning the pillars begin on the three days of At-Tashreeq and when does it end? Is it correct for the Hajj pilgrim to stone these pillars at night particularly during these days, as we see extreme crowding and severe difficulty in stoning during the daytime? This is because some of the people use as an evidence the authentic Hadith which Al-Bukhari recorded in his Sahih on the authority of Ibn 'Abbas where he said that the Messenger of Allâh was being asked on the day of Sacrifice at Mina, and he would say:
"No problem."
A man asked him, saying: "I shaved my head before I slaughtered (an animal)." The Prophet ﷺ said:
"Slaughter, and there is no problem."
So, someone said: "I stoned (the pillar) after the Masa' (i.e., evening) came upon me." The Prophet ﷺ replied:
"No probem".
Thus, these people say that if the Messenger of Allâh ﷺ allowed the man to stone the pillar at night, and stoning on the day of Sacrifice is among the most important obligations upon every Hajj pilgrim so that he can complete the first phase of removing Ihram, how about the remaining three days of At-Tahsreeq, which are less of an obligation than the day of Sacrifice? Hence, this is a proof that stoning during the three days of At-Tashreeg is permissible during the night. So, what is the ruling on whoever stones the pillars at night, and is there any sin on him or not? We hope for some clarification from your eminence concerning this point along with mentioning the evidence.
Answer:
The time for stoning the pillars on the days of At-Tashreeq is from midday to sunset. This is due to what Muslim recorded in his Sahih, that Jabir said: "The Messenger of Allah ﷺ stoned on the day of Sacrifice at Dhuha time (i.e., after sunrise and before midday) and he stoned after that (i.e., during the days of At-Tashreeq) after midday." This is also due to what Al-Bukhari recorded from Ibn 'Umar that he was asked about that, so he said: "We would wait, and then when the sun passed midday, we would stone." This is the view held by the majority of the scholars. However, if the person is forced by necessity to stone at night, there is no harm in that, but it is safer to stone before sunset for whoever is able to do so. This is in acting according to Sunnah and avoiding the difference of opinion.
In reference to the mentioned Hadith of Ibn 'Abbas, it is not a proof for stoning at night, because the questioner asked the Prophet ﷺ on the day of Sacrifice, saying, "after the Masa' (i.e., evening) came upon me," which means after midday. However, this is used as a proof concerning stoning at night because no clear text is reported from the Prophet that proves the lack of permissibility for stoning at night, and the basic principle is that it is permissible. Yet, it is better and safer to stone in the daytime. Whenever the need calls for stoning at night, then there is no harm in it for stoning until the end of the night for that day on which the sun set. In reference to stoning for the forthcoming day, this may not be done on the previous night, except for the night before the day of Sacrifice for the weak people, who may stone during the last half of the night. In reference to those who are strong, the Sunnah for them is that their stoning the pillar of Al-'Aqabah should be after sunrise, as mentioned previously. This is in combining between the reported Hadiths concerning this. And Allâh knows best.
Source:
Ash-Shaykh Ibn Baz
Fatawa Islamiyah, Vol. 4 Pages 241-242-243
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