Mālik said:

“The concession granted to the herdsmen applies only after the Day of Sacrifice has passed and they have already thrown at Jamrat al-‘Aqabah. When the third day comes—­the first of the days of departure (ayyam al-nafr)—the Messenger of Allah, peace and blessings be upon him, allowed them to cast the stones on that day on behalf of both that day and the day after it. If they then leave Minā, their rites are complete; but if they remain until the following day, they should stone with the rest of the pilgrims on the last day of departure and then depart.”

According to the majority of scholars, the substance of this concession is that the shepherds may combine the stoning of two days into a single day. Mālik, however, holds that only what has already become due may be combined: on the third day they may stone on behalf of the second and the third days, for in his view only an obligation that is already due can be made up. Many other scholars permit combining the stoning of two days into one whether the added day precedes or follows, and they do not liken the matter to making up a missed duty (qaḍā’).

It is authentically reported that “the Messenger of Allah—peace and blessings be upon him—threw at the jamrah on the Day of Sacrifice, then slaughtered his sacrificial camels, then shaved his head, and finally performed ṭawāf al-ifāḍah.” The scholars unanimously agree that this order represents the Sunnah of Hajj.

They disagreed, however, about anyone who performs these acts in a sequence different from that of the Prophet, peace and blessings be upon him—whether by advancing what he delayed or delaying what he advanced.

• Mālik said: “Whoever shaves before casting Jamrat al-‘Aqabah must offer a compensatory sacrifice (fidyah).”
• Al-Shāfi‘ī, Aḥmad, Dāwūd, and Abū Thawr maintained: “No penalty is due.”

Their chief evidence is the ḥadīth transmitted by Mālik from ʿAbd Allāh ibn ʿUmar, who said:

“The Messenger of Allah—peace and blessings be upon him—stood before the people at Minā while they were putting questions to him. A man came and said, ‘O Messenger of Allah, I was unaware and shaved before slaughtering!’ He replied, ‘Slaughter, and there is no blame.’ Then another came and said, ‘O Messenger of Allah, I was unaware and slaughtered before casting!’ He replied, ‘Cast, and there is no blame.’ Ibn ʿUmar continued, ‘On that day the Messenger of Allah—peace and blessings be upon him—was not asked about anything that had been done out of sequence except that he said, “Do it, and there is no blame.”’”

This report is also narrated from Ibn ʿAbbās, may Allah be pleased with them both.

Mālik, on the other hand, argues that the Messenger of Allah—peace and blessings be upon him—imposed a fidyah on one who shaved his head before its proper time out of necessity; how much more, then, on one who does so without necessity. Moreover, the ḥadīth cited does not explicitly mention shaving before stoning. According to Mālik, if a pilgrim shaves before slaughtering, no penalty is due, and the same applies to one who slaughters before casting.

Abū Ḥanīfah said: “If …”