FIQH 5.106: CONCESSION FOR THE WEAK AND OTHERS WITH A VALID EXCUSE TO THROW PEBBLES AFTER MIDNIGHT OF SACRIFICE (10TH OF DHUL-HIJJAH)
There is consensus on throwing pebbles before midnight on the 10th of Dhul-Hijjah (the Night of Sacrifice). It is permissible, however, for women, children, the weak, those who have a valid excuse, and the shepherds to throw pebbles at Jamarah Al-Aqabah in the night.
‘Aishah reported that the Prophet (peace be upon him) sent Umm Salamah on the night of the 10th to throw her pebbles. She did so before dawn after which she went back to Makkah for tawaf. This is reported by Abu Dawud and Al-Baihaqi, who says that its chain is sound.
Ibn ‘Abbas reported that the Prophet (peace be upon him) permitted the herdsmen tending the camels to throw their pebbles during the night. This is reported by Bazzar with a chain of narrators including Khalid Al-Zanji, who is considered an unreliable reporter. ‘Urwah reported that the Prophet (peace be upon him) went to Umm Salamah on Yaum al-Nahr and ordered her to hasten for Muzdalifah, and then to Makkah (after throwing the pebbles in Mina during the night) and to offer Fajr prayer there. That day was her turn to be with him and she desired to be with him. This was reported by Ash-Shafi’i and Al-Baihaqi.
‘Ata reported that someone told him about Asma who threw pebbles at the first jamarah during the night, and said, “We used to do so during the lifetime of the Prophet (peace be upon him).” This is reported by Abu Dawud.
Tabari said: “Ash-Shai i’i refers to the reports transmitted by Umm Salamah and Asma and concludes that it is permissible to go to Makkah after midnight.
Ibn Hazm, however, holds that the permission to throw at night applies to women only; it does not apply to men, whether strong or weak. These ahadith also show that it is permissible for anyone with a valid excuse to go a night earlier and throw the pebbles at night. Ibn Al-Munzhir said: “The sunnah (in this respect) is to throw the pebbles after sunrise, for this is what the Prophet (peace be upon him) did. It is not permissible to throw pebbles before sunrise, for such an act would be contrary to sunnah. But if one does so, he need not repeat it, because I have heard none (of the scholars) saying this was not acceptable.”
Source: Fiqh us Sunnah
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