Hajj, even though they are times for the rites of Hajj?! If a person were to say, “I want to stone the three pillars and the Pillar of al-Aqabah on the Day of Eid,” he would not be able to do so. The stoning of the pillars must take place during the three days, yet these fall outside the limit stated by the author, for the author said, “ten days of Dhu al-Hijjah.”
Some scholars have said: nine days of Dhu al-Hijjah, because Hajj is Arafah, and Arafah ends on the ninth day.
But this view is even weaker than the one stated by the author, for Allah says:
“Hajj is in well-known months.” [al-Baqarah 2:197]
And He says:
“And a proclamation from Allah and His Messenger to all people on the Day of the Greater Hajj.” [al-Tawbah 9:3]
According to those who say that they are nine days, this day—which Allah called the Day of the Greater Hajj—is excluded.
Thus, the correct view is that held by Imam Malik (may Allah have mercy on him): the months of Hajj are three, as is apparent from the Quran—Shawwal, Dhu al-Qadah, and Dhu al-Hijjah.
If someone were to ask: Does anything result from this disagreement?
We say: Yes, a number of matters result from it.
First: with regard to matters of oaths. If someone were to say, “By Allah, I shall fast three days during the months of Hajj,” and he fasted on the twenty-first, twenty-second, and twenty-third of Dhu al-Hijjah, then according to the madhhab he would not have fulfilled his oath, because the days of Hajj have ended. According to Malik’s view, however, he would have fulfilled his oath, because he fasted during the months of Hajj, which do not end until the beginning of Muharram.