The jurists differed over one who stones the jamrahs before the sun has passed its zenith during the Days of Tashrīq.
The majority held that whoever does so must repeat the stoning after the zenith.
A report from Abū Jaʿfar Muḥammad ibn ʿAlī states: “Stoning the jamrahs is permissible from sunrise until sunset.”
They are unanimously agreed that if a pilgrim fails to stone the jamrahs throughout the Days of Tashrīq until the sun sets on the last day, he may not stone them thereafter.
They also disagreed about the expiation that becomes obligatory:
• Mālik said: Anyone who omits all the jamrahs, some of them, or even a single jamrah must slaughter an animal (dam).
• Abū Ḥanīfah said: If he omits all of them, a sacrificial animal is due; but if he leaves one jamrah or more, then for each jamrah he must feed a needy person half a sāʿ of wheat, until the total equals a sacrificial animal for omitting them all—except for Jamrat al-ʿAqabah, for omitting it necessitates a sacrificial animal.
• Al-Shāfiʿī said: For one pebble the penalty is a mudd of food, for two pebbles two mudds, and for three pebbles a sacrificial animal.
• Al-Thawrī held the same view, except that in his opinion the animal becomes due with the fourth pebble.
A group of Successors granted a concession regarding a single pebble and saw nothing obligatory for it. Their evidence is the ḥadīth of Saʿd ibn Abī Waqqāṣ:
“We went out with the Messenger of Allah—peace and blessings be upon him—during his Ḥajj. Some of us said, ‘I threw seven,’ and some said, ‘I threw six,’ and none of us reproached the other.”
The Ẓāhirīs likewise say that nothing is required.
The majority maintain that Jamrat al-ʿAqabah is not one of the pillars of Ḥajj, whereas ʿAbd al-Malik (a companion of Mālik) regarded it as a pillar.
Thus the rites of Ḥajj, from entering the state of iḥrām until release, are complete. Release (taḥallul) is of two kinds:
- The major release, which is ṭawāf al-ifāḍah.
- The minor release, which is the stoning of Jamrat al-ʿAqabah. We shall discuss the areas of disagreement on this.
[Discussion of the Third Category]
[Discussion of Iḥṣār—Being Prevented—from Ḥajj]
We now turn to the third category, which deals with legal rulings, and to the outstanding questions concerning the disputes that arise during Ḥajj. The most significant pertain to a pilgrim who begins the rites but is prevented by illness or an enemy; who misses the time for an act that is a condition for the validity of Ḥajj; who invalidates his pilgrimage by committing one of the prohibitions that nullify it; or who omits obligatory acts, whether these are abstentions or positive acts.
We shall begin with the issues that have explicit textual evidence in the Sharīʿah: the ruling on one who is prevented (muḥṣar); the ruling on one who kills game; the ruling on one who shaves his head before the proper time; and the ruling on one who removes bodily hair before being released. Under this heading also fall the rulings on the tamattuʿ and qārin pilgrims, according to the view that the obligation of a sacrificial animal in their case is due to the concession granted to them.