Ruling on Stoning on the 13th of Dhul-Hijjah Before Zenith (Zawal) & Shariah Guidance
Source: Fatāwā Arkān al-Islām
If a pilgrim from outside Saudi Arabia has a return flight near ʿAsr time on the 13th of Dhul-Hijjah, and he did not leave Mina after stoning on the 12th (thus having to spend the night of the 13th in Mina), can he perform the stoning early in the morning before Zawal and then depart?
If stoning before Zawal is not permissible, is there any scholarly view that allows it?
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
◈ Stoning before Zawal on the 13th of Dhul-Hijjah is not permissible.
◈ However, if a pilgrim faces a severe necessity or unavoidable hardship, such as in the situation described, the obligation of stoning is waived in that case.
◈ In such a situation, the pilgrim must:
➊ Slaughter a sacrificial animal (Fidyah) in Mina or Makkah,
➋ Or appoint an agent to do so on his behalf,
➌ Distribute the meat among the poor,
➍ Then perform Tawaf al-Wada before departing.
◈ Yes, there is an opinion that it is permissible,
◈ However, this opinion is incorrect.
◈ On the days after Eid (Ayyām al-Tashrīq), stoning before Zawal is not permissible.
◈ The proof is the saying of the Prophet ﷺ:
«ٔخُذُوْا عنی مَنَاسِکَکُمْ»
“Learn your rites of Hajj from me.”
(Ṣaḥīḥ al-Bukhārī, Kitāb al-ʿIlm, Ḥadīth: 83; Ṣaḥīḥ Muslim, Kitāb al-Ḥajj, Ḥadīth: 1297)
◈ The Prophet ﷺ always performed stoning on the Ayyām al-Tashrīq after Zawal.
◈ Some may argue that the Prophet’s ﷺ stoning after Zawal was merely his practice (fiʿl), and an action alone does not indicate obligation.
◈ It is true that if the Prophet ﷺ did something without commanding it, it is not necessarily obligatory.
◈ And it is also true that he did not explicitly forbid stoning before Zawal.
A contextual indication (qarīnah) shows that this timing is obligatory:
➊ The Prophet ﷺ always delayed stoning until Zawal — this consistency points towards obligation.
➋ If stoning before Zawal had been permissible, the Prophet ﷺ would have chosen it at times, since he always preferred the easier option when two permissible options were available.
His deliberate avoidance of the easier (pre-Zawal) option shows that it is sinful to perform stoning before Zawal.
◈ The Prophet ﷺ performed stoning immediately after Zawal, before praying Ẓuhr.
◈ He eagerly awaited Zawal so that he could perform stoning at the earliest valid time.
◈ This even led to delaying the Ẓuhr prayer, although praying at its earliest time is generally more virtuous.
◈ This practice further highlights the importance and obligation of stoning after Zawal.
◈ For this pilgrim, stoning before Zawal is not permissible.
◈ If stoning after Zawal is genuinely impossible, Fidyah will be required.
◈ The opinion permitting pre-Zawal stoning is incorrect.
◈ The practice and method of the Prophet ﷺ indicate the obligation of stoning after Zawal.
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 pilgrim from outside Saudi Arabia has a return flight near ʿAsr time on the 13th of Dhul-Hijjah, and he did not leave Mina after stoning on the 12th (thus having to spend the night of the 13th in Mina), can he perform the stoning early in the morning before Zawal and then depart?
If stoning before Zawal is not permissible, is there any scholarly view that allows it?
Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
Ruling on Stoning Before Zawal
◈ Stoning before Zawal on the 13th of Dhul-Hijjah is not permissible.
◈ However, if a pilgrim faces a severe necessity or unavoidable hardship, such as in the situation described, the obligation of stoning is waived in that case.
◈ In such a situation, the pilgrim must:
➊ Slaughter a sacrificial animal (Fidyah) in Mina or Makkah,
➋ Or appoint an agent to do so on his behalf,
➌ Distribute the meat among the poor,
➍ Then perform Tawaf al-Wada before departing.
Is There Any View Allowing Stoning Before Zawal?
◈ Yes, there is an opinion that it is permissible,
◈ However, this opinion is incorrect.
The Correct Position
◈ On the days after Eid (Ayyām al-Tashrīq), stoning before Zawal is not permissible.
◈ The proof is the saying of the Prophet ﷺ:
«ٔخُذُوْا عنی مَنَاسِکَکُمْ»
“Learn your rites of Hajj from me.”
(Ṣaḥīḥ al-Bukhārī, Kitāb al-ʿIlm, Ḥadīth: 83; Ṣaḥīḥ Muslim, Kitāb al-Ḥajj, Ḥadīth: 1297)
◈ The Prophet ﷺ always performed stoning on the Ayyām al-Tashrīq after Zawal.
Relation Between Mere Action and Obligation
◈ Some may argue that the Prophet’s ﷺ stoning after Zawal was merely his practice (fiʿl), and an action alone does not indicate obligation.
◈ It is true that if the Prophet ﷺ did something without commanding it, it is not necessarily obligatory.
◈ And it is also true that he did not explicitly forbid stoning before Zawal.
Why Is It Still Obligatory After Zawal?
A contextual indication (qarīnah) shows that this timing is obligatory:
➊ The Prophet ﷺ always delayed stoning until Zawal — this consistency points towards obligation.
➋ If stoning before Zawal had been permissible, the Prophet ﷺ would have chosen it at times, since he always preferred the easier option when two permissible options were available.
His deliberate avoidance of the easier (pre-Zawal) option shows that it is sinful to perform stoning before Zawal.
Another Strong Evidence
◈ The Prophet ﷺ performed stoning immediately after Zawal, before praying Ẓuhr.
◈ He eagerly awaited Zawal so that he could perform stoning at the earliest valid time.
◈ This even led to delaying the Ẓuhr prayer, although praying at its earliest time is generally more virtuous.
◈ This practice further highlights the importance and obligation of stoning after Zawal.
Conclusion
◈ For this pilgrim, stoning before Zawal is not permissible.
◈ If stoning after Zawal is genuinely impossible, Fidyah will be required.
◈ The opinion permitting pre-Zawal stoning is incorrect.
◈ The practice and method of the Prophet ﷺ indicate the obligation of stoning after Zawal.
ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
