Third: that he stands while not eligible for Hajj, because he said, “while eligible for it.”
Whoever stands during the day and departs before sunset, without returning before then, must offer a sacrificial expiation. But whoever stands only at night is not required to do so.
His statement, “Whoever stands during the day and departs before sunset, without returning before then, must offer a sacrificial expiation,” teaches us that if he stands during the day and then departs before sunset, the matter must be considered. If he returns to ‘Arafah before sunset—whether out of remorse, after learning what he had previously been ignorant of, or after remembering what he had forgotten—then no sacrificial expiation is due from him. But if the sun sets before he returns, then he must offer a sacrificial expiation, because he has omitted an obligatory duty: remaining at ‘Arafah until sunset. This is due to his مخالفة (contravening) the Prophet’s command, peace and blessings be upon him: “Take your rites from me,” and because, by departing before sunset, he has conformed to the practice of the polytheists.
His statement, “without returning before then,” apparently means that if he returns after sunset, he must offer a sacrificial expiation, even though the time for standing continues after sunset. This is one of the two views in the madhhab, but it somewhat conflicts with the established principles. For if he returns after sunset, he has returned during the time allotted for standing; accordingly, analogy dictates that nothing should be due from him, just as nothing is due if he returns before sunset.
The well-known position of the madhhab applies this ruling consistently: whoever returns before dawn breaks owes nothing, because he has returned during the time for standing.
Some scholars held that a sacrificial expiation becomes due merely by departing before sunset, whether he returns or not, because he departed in a manner that was prohibited; the violation has therefore occurred, and he must offer a sacrificial expiation.
There is no doubt that this view—or rather, the position of the madhhab—is the consistent one. The author’s wording contains a degree of inconsistency, because if he returns after sunset, he has