The pillars of Hajj are: entering ihram, standing at Arafah, the Tawaf of visitation, and sa‘i. Its obligatory duties are: entering ihram from the miqat applicable to him; remaining at Arafah until sunset; staying overnight at Mina, and at Muzdalifah until after midnight—for those other than water providers and shepherds; stoning the pillars; shaving the head; and the farewell tawaf, …
His statement, “The pillars of Hajj”: Earlier, at the beginning of the section on the rites of pilgrimage, the conditions of Hajj were mentioned: the conditions for its being obligatory, the conditions for its validity, and the conditions for its sufficing. Some people have objected to this classification into conditions, pillars, obligations, and recommended acts, asking: Where is this found in the Book of Allah or the sunnah of the Messenger of Allah, may Allah’s blessings and peace be upon him? If we do not find it in the Book of Allah or the sunnah of His Messenger, then the Prophet, may Allah’s blessings and peace be upon him, said: “Whoever performs an act that is not in accordance with our matter, it is rejected.” (1) Thus, it is rejected from its doer. They are answered as follows:
Matters are of two types: ends and means.
As for matters that are ends—those which are intended in themselves—they may only be done with authorization from the Sacred Law. No one may legislate them or worship Allah through them.
As for matters that are means, intended to attain an end, they have no fixed legal limit. Rather, they are governed by a legal principle: means take the rulings of their ends. Means differ with the passage of time, changing circumstances, places, and nations. Since this is so, the door of means is open. Thus, the scholars, may Allah have mercy on them, considered it among the means of bringing knowledge closer to people’s understanding and facilitating its classification to say: These are conditions, these are pillars, these are obligations, and these are recommended acts. They said that the Messenger, may Allah’s blessings and peace be upon him, employed this approach, for we find that he would sometimes say: “Three