In this matter, I follow the ᾽ijtihād (independent reasoning) of our esteemed scholar Shaykh Musṭafā al-Zarqā (may Allāh have mercy on him), which states that the time for stoning on all the days of Tashrīq begins at dawn (Fajr) and extends until the dawn of the following day, except for the fourth day, when it ends at sunset on that day.

This opinion is supported by some of the early mujtahid (independent) scholars, including:

• Imam Abū Ḥanīfah (may Allāh be pleased with him), who permitted stoning on the last day after the Fajr prayer.
• Imam ᾽Isḥāq, who considered the stoning on the third day to be like that on the fourth day for those who hasten (mutta῾ajilīn), allowing it to begin from Fajr.
• A narration from the Ḥanafī scholars and the preferred view within the Shāfi῾ī school, as well as the opinion of Ibn ῾Umar, Ibn al-Zubayr, along with ῾Aṭā᾽ and Ṭāwūs, who considered all the days of Tashrīq to be equal, allowing stoning after Fajr on all these days, just like on the Day of ῾Iīd.

When examining the rituals of Ḥajj, one sees that the stoning on the first day (the 10th of Dhul-Ḥijjah) is permissible from the time of departure from Muzdalifah, which occurs after Fajr. Based on this, there is no difference between this act being permissible at the same time on subsequent days. The Prophet’s (peace be upon him) practice provided two times for stoning: a restricted time and an extended time, and people have the choice to follow either.

If the time after Zawāl (noon) were a matter of religious obligation and a prescribed practice, the Prophet (peace be upon him) would have delayed the stoning on the 10th day until after noon, which he could have done as the source of the rituals.

Furthermore, there has been disagreement on issues more precise than this, such as the timing of prayers, which are more strictly defined, including the time for ῾Aṣr, the entry of ῾Ishā᾽, the end of Maghrib, and the entry of Fajr. Such disagreements have not invalidated the actions of those who performed them slightly earlier or later.

Therefore, we say: the time for stoning extends from Fajr to Fajr.

Moreover, some jurists, including the Egyptian Dar al-Ifta, have adopted the view that stoning begins at midnight on all the days of stoning, whether it be on the 10th day or the days that follow. Midnight here is calculated by dividing the time from Maghrib to Fajr in half, which falls after the middle of this period.

The Egyptian Dar al-Ifta stated: “It is legally permissible for the pilgrim to stone the Jamrah of ῾Aqabah and the other Jamarat on the days of Tashrīq beginning from midnight, and then depart after it on the second night. Since the time of night starts from sunset and ends at Fajr, the method of calculating this period is to divide the time by two and add the result to the beginning of Maghrib, not to ῾Ishā᾽, as some may mistakenly believe.”

Finally, it is important to recognize that preserving life is one of the objectives of Sharī῾ah, and this includes both the soul and the body, not just the soul alone. Anything that puts the soul, body, or part of it at risk allows for leniency, as Allāh says: “And do not throw [yourselves] with your [own] hands into destruction” [Al-Baqarah 2:195], and “He has not placed upon you in the religion any difficulty” [Al-Ḥajj 22:78].

We worship Allāh within the time, but we do not worship the time itself; the time is a sign, not an end in itself.

Fatwā issued by Dr. Khālid Naṣr