Ruling on Abandoning Stoning and Tawaf al-Wada on the 12th Day & Clarification of Fidyah
Source: Fatāwā Arkān al-Islām
If a person, thinking that the Qur'anic term “haste” means something else, abandons the stoning of the Jamarāt on the 12th day, then leaves Makkah without performing Tawaf al-Wada, what is the ruling regarding his Hajj?
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
This person’s Hajj is valid because he has not omitted any of the Arkān al-Ḥajj (pillars of Hajj). However, if he did not spend the night of the 12th in Mina, then he has abandoned three Wājib acts:
❀ Spending the night of the 12th in Mina
❀ Stoning the Jamarāt on the 12th day
❀ Performing Tawaf al-Wada before departure
According to the scholars, abandoning any Wājib act of Hajj requires Fidyah. This involves:
❀ Slaughtering an animal in Makkah
❀ Distributing its meat among the poor
This is especially important for pilgrims to note, as many misunderstand the meaning of the following verse:
﴿فَمَن تَعَجَّلَ فى يَومَينِ فَلا إِثمَ عَلَيهِ﴾ (al-Baqarah: 203)
“And whoever hastens in two days – there is no sin upon him.”
Many think that the “two days” refer to the Day of Eid and the 11th of Dhul-Ḥijjah, and therefore they leave Mina on the 11th day. This is a misconception.
Allah ﷻ says:
﴿وَاذكُرُوا اللَّهَ فى أَيّامٍ مَعدودتٍ فَمَن تَعَجَّلَ فى يَومَينِ فَلا إِثمَ عَلَيهِ﴾ (al-Baqarah: 203)
“And remember Allah during the numbered days, then whoever hastens in two days – there is no sin upon him.”
❀ Refers to the Ayyām al-Tashrīq, namely:
➊ 11th Dhul-Ḥijjah
➋ 12th Dhul-Ḥijjah
➌ 13th Dhul-Ḥijjah
According to the correct meaning of:
﴿فَمَن تَعَجَّلَ فى يَومَينِ فَلا إِثمَ عَلَيهِ﴾ (al-Baqarah: 203)
❀ The “hastening” means departing from Mina after completing the 12th day.
❀ This requires staying in Mina on both the 11th and 12th days before returning.
Pilgrims must understand the Qur'anic verses correctly to avoid such mistakes.
ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
Source: Fatāwā Arkān al-Islām
Question
If a person, thinking that the Qur'anic term “haste” means something else, abandons the stoning of the Jamarāt on the 12th day, then leaves Makkah without performing Tawaf al-Wada, what is the ruling regarding his Hajj?
Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
This person’s Hajj is valid because he has not omitted any of the Arkān al-Ḥajj (pillars of Hajj). However, if he did not spend the night of the 12th in Mina, then he has abandoned three Wājib acts:
❀ Spending the night of the 12th in Mina
❀ Stoning the Jamarāt on the 12th day
❀ Performing Tawaf al-Wada before departure
Expiation for Omitting Wājib Acts
According to the scholars, abandoning any Wājib act of Hajj requires Fidyah. This involves:
❀ Slaughtering an animal in Makkah
❀ Distributing its meat among the poor
Important Warning
This is especially important for pilgrims to note, as many misunderstand the meaning of the following verse:
﴿فَمَن تَعَجَّلَ فى يَومَينِ فَلا إِثمَ عَلَيهِ﴾ (al-Baqarah: 203)
“And whoever hastens in two days – there is no sin upon him.”
Many think that the “two days” refer to the Day of Eid and the 11th of Dhul-Ḥijjah, and therefore they leave Mina on the 11th day. This is a misconception.
Allah ﷻ says:
﴿وَاذكُرُوا اللَّهَ فى أَيّامٍ مَعدودتٍ فَمَن تَعَجَّلَ فى يَومَينِ فَلا إِثمَ عَلَيهِ﴾ (al-Baqarah: 203)
“And remember Allah during the numbered days, then whoever hastens in two days – there is no sin upon him.”
Meaning of “Ayyām Maʿdūdāt” (Numbered Days)
❀ Refers to the Ayyām al-Tashrīq, namely:
➊ 11th Dhul-Ḥijjah
➋ 12th Dhul-Ḥijjah
➌ 13th Dhul-Ḥijjah
Correct Understanding of the Verse
According to the correct meaning of:
﴿فَمَن تَعَجَّلَ فى يَومَينِ فَلا إِثمَ عَلَيهِ﴾ (al-Baqarah: 203)
❀ The “hastening” means departing from Mina after completing the 12th day.
❀ This requires staying in Mina on both the 11th and 12th days before returning.
Conclusion
Pilgrims must understand the Qur'anic verses correctly to avoid such mistakes.
ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
