Fatwa no.
1354
Q: A Muslim employee was forced by the nature of his work to leave
Mina
after standing at
`Arafah and
throwing pebbles at the Jamrat (stone pillars at which pebbles are thrown during Hajj). After dawn on the Day of Sacrifice (10th of Dhul-Hijjah), he deputized someone
to stone the remaining Jamrat and perform the slaughtering.
He then left Mina to go to
Makkah.
He performed Tawaf-ul-Ifadah (final obligatory circumambulation around
the Ka‘bah
in Hajj) and Sa‘y (going between Safa and Marwah during Hajj) after offering the Jumu‘ah (Friday) Prayer. |
| (Part No. 11;
Page No. 291) |
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Then, he went to his work, which was 1,270 kilometers away from
Makkah,
so he could arrive at his work after the Zhuhr (Noon) Prayer on Saturday, the second day of ‘Eid (the Festival of the Sacrifice), as his manager had told him to do so and warned him that he would be punished if he was late. The people he worked with were astonished at him returning early and claimed with confidence, that he had not fulfilled the conditions or pillars of Hajj. He would like to ask whether what they say is true or not. They criticize him without taking into consideration that he was forced to do so to obey his Saudi manager, who had assured him before he went to Hajj that doing so would be sufficient to fulfill the obligation.
A:
If the reality is as you mentioned, then deputizing someone else to throw the pebbles on your behalf was not correct, because you mentioned that your manager had made it conditional on you to be at work on Saturday, the second day of ‘Eid, after the Zhuhr Prayer and that he had threatened to punish you if you were late, and this is not a lawful excuse that allows you to travel and deputize someone to throw the pebbles on your behalf. Therefore, you missed throwing the pebbles on the 11th and 12th of Dhul-Hijjah, staying at Mina the two nights preceding the 11th and 12th of Dhul-Hijjah, and Tawaf-ul-Wada‘ (circumambulation around the Ka‘bah on leaving Makkah). It is obligatory on you to offer Fidyah (ransom), which is to sacrifice an animal that meets the conditions for an Ud-hiyah (sacrificial animal offered by non-pilgrims) for each of these three obligatory acts that you missed. You have to perform the slaughtering in
Makkah and distribute the meat to the poor there. If you cannot offer these sacrificial animals, it is obligatory on you to observe Sawm (Fast) for ten days in place of each sacrifice. And you should not do anything like this again.May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!
Permanent Committee for Scholarly Research and Ifta’
Source: Fatwas of the Permanent Committee
