Some scholars have granted a concession allowing one who wishes to depart early on the twelfth day to stone before the sun has passed its zenith, provided that he does not depart until after it has passed its zenith. Others have held without qualification that stoning before the sun has passed its zenith is permissible on the twelfth day. Yet there is absolutely no basis for this in the presence of the Prophetic sunnah. If someone were to say: Allah says, “And remember Allah during the numbered days. Whoever hastens to depart in two days incurs no sin, and whoever delays incurs no sin” [al-Baqarah: 203]—and days include both their beginning and their end—

The response is that this unrestricted wording in the Quran has been clarified by the sunnah. This is not the first unrestricted text to be explained by the sunnah. Since the Prophet, peace and blessings be upon him, remembered Allah by stoning the pillars at this particular time, it is not valid to do so before it.

As for stoning after sunset, according to the well-known position of the madhhab, it is not valid, because it is an act of worship prescribed for the daytime and is therefore not valid at night, like fasting.

Some scholars, however, maintain that stoning at night is valid. They say that there is no evidence restricting it to before sunset, since the Prophet, peace and blessings be upon him, established its earliest time through his practice but did not establish its latest time.

The Messenger, peace and blessings be upon him, was asked—as recorded in Sahih al-Bukhari—when someone said, “I stoned after evening had come.” He replied, “There is no harm.” (1) Evening may refer to the end of the day or the beginning of the night. (2) Since the Messenger, peace and blessings be upon him, did not seek further clarification by asking whether it was at the end of the day or at the beginning of the night, this shows that there is latitude in the matter.