Ash-Shirāzi, may Allah have mercy upon him said in the muhaźźab:

It is sunna for the Imam to give a khutba on the day of the first nafr which is the middle of the days of tashrīq. This is one of four khutbas. The Imam bids hajj farewell and informs them of the permissibility of nafr (taking off from Mina). “This is because the Prophet, Salutations of Allah and His Peace upon him, gave khutba in the middle of the days of tashrīq.” (Hadīth) This is also because he needs to clarify in the khutba who is permitted to make nafr and who is not permitted to do so. Those who wish to make the first nafr should do so on the second day of the days of tashrīq before maghrib (sunset). The throwing on the third day consequently is dropped from him. Those who do not make nafr until maghrib should necessarily remain until he throws on the third day due to the Saying of Allah, Most Glorified, {and those who make ta’ajjul (hastening) in two days, there is no sin upon him, and those who make ta’akhkhur (delaying), there is no sin upon him.} If one makes nafr before maghrib, and then returns to visit or to take something he forgot, it is not necessary for him to mabīt (spend the night) because the rukhśa (legal permission) to make nafr has been realized. And even if he spends the night there, it is not necessary for him to throw.

Commentary

An-Nawāwi, may Allah have mercy upon him, in the commentary of the above said:

1. The Hadīth

The hadīth of the khutba in the middle of the days of tashrīq has previously been elucidated in the section on the khutba of the seventh of zhulhijja. And we mentioned there, reported hadīths regarding the four khutbas of hajj, it’s times, it’s features and the maźhabs of the ‘ulamā’ with regard to it.

2. The Ruling of the Farewell Khutba

In our opinion, this khutba is mustahab (sunna) and it’s time is after the prayer of zhuhr on the second day of the days of tashrīq as mentioned earlier. Al-Marwādī said: If the imam wishes to make the first nafr, and he hastens the khutba before zawāl so that he makes nafr after zawāl, it is permissible.

This khutba is called the khutba of wadā’ (farewell). It is mustahab for all the hujjāj (pilgrims) to attend it and to bathe for it. It is also mustahab for the imām to bid farewell to all the hujjāj, to inform them of the permissibility to make nafr as well as what comes after that such as the tawāf of wadā’ and others. It is also mustahab for the imām to inspire them to be obedient to Allah, and that they end their hajj with istiqāma and firmness upon obedience to Allah Most High. And that they become better people after hajj than before it, and that they don’t forget what they have promised Allāh from goodness.

Allāh knows best.

3. The Ruling on When to Exit Minā

Ash-Shāfi’ī and the aśhāb said it is permissible to nafr on either the second or third day of tashrīq. There is ijmā’ (consensus) with regard to this due to the Saying of Allāh { and those who make ta’ajjul in two days, then there is no sin upon him. And those who make ta’akkhur, there is no sin upon him }. They said that the ta’akhur to the third day is afdhal because of the śahīh hadīths {that the Prophet, Salutations of Allah and His Peace upon him makes nafr on the third day}. Al-Marwādī and others said : the ta’akhur of the Imām is even more sought from him because the others will follow him. It is also because the people or most of them will remain by his staying behind. But if he does ta’ajjul, it is permissible and there is no fidya (expiation) upon him just like the rest of the people.

Allāh knows best.

3.1 The Ruling for Exiting on the Second Day of Tashrīq

And then for one who desires to nafr on the first nafr, he does so before maghrib. And when he does nafr maghrib, then the (1) mabīt (staying overnight) on the third day of tashrīq and (2) the throwing on the third day of tashrīq is dropped from him without khilāf. There is no dam upon him with regard to that without khilāf. Our aśhāb said: he does not throw on the second day for the throwings of the third day. On the contrary, if there are any pebbles left with him, he should flung it away on the ground or if he wishes, give it to those who have not thrown. As for what is done by people, which is to bury it, our aśhāb said, there is neither aśl (source) for that, nor any athar (reports) with regard to that.

Allah knows best.

3.2 The Ruling for Those in Mina after Maghrib

Ash-Shāfi’ī and the aśhāb said: and if one does not nafr until the sun sets and he is still in Mina, it is necessary for him to mabīt in Mina when the night comes, and carry out throwing in the day. If he is traveling, and the sun sets while he is moving out in Mina before completely departing from it, he should continue moving out and it is not necessary for him to mabīt in Mina nor to carry out throwing. This is the maźhab (relied upon) and affirmed by the jumhūrs. There is however, a wajh (opinion of the aśhāb) in this matter where it is necessary for him to mabīt and carry out throwing the next day. This is affirmed by the author of al-Hāwi. And if it sets, while he is occupied with matters related with departure, they are two wajhs with regard to his nafr, both of which are masyhūr (relied upon). Al-Qadhi Abū Tayyib in his book al-Mujarrad, the author of ash-Shāmil, ar-Rūyānī and others transmitted it. One of the wajh is that it is necessary for him to carry out throwing and mabīt. And the aśah (relied upon) according to ar-Rāfi’ī and others, which is affirmed by al-Qadhi Abū Tayyīb in his Ta’līq, neither the throwing nor the mabīt is necessary. This is because the burden of the lodgings of travel and baggages is difficult for him. If he nafr before maghrib, and returned to Minā due to business, visiting or other similar reasons before sunset or after it, there are two wajhs. The śahīh (relied upon) which is affirmed by ash-Shirāzī and the jumhūr and there is nāś (opinion of ash-Shāfi’ī), is it is not necessary for him to mabīt, and if he does so, it is not necessary for him to carry out throwing the next day. There is naś from ash-Shafi’ī and the aśhāb as mentioned by ash-Shirāzi. The second wajh is that it is necessary to mabīt and carry out throwing. This is transmitted by ar-Rūyāni and others from the Khurāsānīs.

3.3 Realization of Incomplete Throwing After Nafr

If one does nafr from Mina on ta’jjul (first nafr) on the second day of Tashrīq, depart from it before the maghrib, and then he has yaqīn (firm believe) that he has only carried out throwing for a day’s worth and part of the second day. Al-Marwādī mentioned three possible scenarios:

(1) He recalls it just a while before the sun sets and he perceived that he is able to throw before it sets. In this case, it is necessary for him to return to Minā and throw from where he left of, and then he makes nafr if the sun has not set. If the sun sets while he is there, it is necessary for him to mabīt in Minā and carry out the next day’s throwing on the next day.

(2) He recalls it after the sun sets, which is considered the beginning of the third day. In this case, it is not necessary for him to return to Minā since the time of throwing has expired. Dam (expiation) is thus determined for him with regard to the obligation he has lapsed.

(3) He recalls it on the third day before the sun sets. If we say that for each day is given its own hukm (ruling), he should not return as its time has lapsed and dam is determined for him. If we say that the days of tashrīq is considered one entity, it is necessary for him to return and throw. Anyhow, if he left throwing, dam is necessary for him.

This is the end of the quote of al-Māwardī.

Imam al-Haramain gathered this issue and elaborated it in the best of explanations.

3.3.1 Not Returning

If he does nafr on the day of the first nafr and he did not throw: if he does not return, fidya is determined for him for the throwing which he missed in the first nafr.

3.3.2 Returning After Sunset

If he returns, he has to see: if he returns after sunset, then the time of throwing has already lapsed and he is unable to make up for it. His actions in Minā is concluded and it is not stipulated for him to mabīt. And if he throws on the second nafr, it is of no consequence because by his nafr, he has departed from Minā and the Manāsik (hajj rituals). Thus, fidya is determined for him just as if the days of tashrīq has concluded.

3.3.3 Returning Before Sunset

And if he returns before the sun sets, I have gathered all the tarīqas (transmissions of the maźhab) with regard to that, as what is mentioned by the author of the Taqrīb when he said that in summary there are four qauls.

(1) The first is that when one does nafr, throwing has ceased and his returning does not serve any purpose.

(2) The second is that it is compulsory for him to return, and he throws whatever is obligatory for him before the sun sets, if the sun sets, dam is determined for him.

(3) The third is that he has a choice. If he wishes he returns to throw. The obligation is then dropped from him. And if he wishes, he does not return, and the spill the dam. This is also permissible.

He said, and these three qauls are applicable for both the first and second nafr.

(4) The fourth, which is transmitted from the takhrīj of Ibnu Suraij is that if he exits during the first nafr and then returns before the sun sets, the throwing does not suffice. And if he departs on the second nafr while he has not thrown, and then he returns and throw before the sun sets, the throwing suffice. The difference is that there is no specified ruling attributed to leaving on the second nafr. This is because this is the time limit, whether he does nafr or not. Therefore his exiting Mina is inconsequent. On the other hand, there is hukm attributed to exiting on the first nafr. This is because if he does not exit on the first nafr, he has to remain for the second nafr. Therefore, his exiting has an influence with regard to the cessation of the ‘alāiq (matters connected to hajj) from him. And when the ‘alāiq is ceased, he should not return.

3.4 The Ruling of Exiting Mina other than the Two Days of Nafr

He said: There is no khilāf that one who exits on the first day of tashrīq, and then returns, his throwing suffices. This is in view of the fact that there is no specified ruling attributed to nafr on the first day. With regard to this is the previous saying in the Tadāruk where he said: By and large, there are no athar (consequence) for exiting on the first day of tashrīq.

As for the day of nahr (10 Zhulhijja), the enjoined matters on that day is even more evident that shows there is no consequence when one exits on that day, just like the first day of tashrīq. On the contrary, exiting on the second or third day has its consequence as per the previous elaboration.

3.5 Associated Matters for One who Nafr and then Returns to Throw

He said: Further, if we say the throwing suffice for whosoever who exits for the first nafr without throwing and then he returns before sunset to throw, then, if the sun sets while he is throwing, he is bounded and the throwing and mabīt of the next day becomes necessary. On the other hand, If we say that his throwing does not suffice if he returns before the sun sets, he is also not required to mabīt if the sun sets while he is throwing. There is no specified ruling attributed to his mabīt as well because upon this wajh, we have considered that the rule is that all the ‘alāiq is ceased due to his exiting. Consequently if he returns, we considered that there is no specified ruling attributed to whatever he returns for.

He said, if he exits on the first nafr before zawāl (when the sun crosses the meridian i.e. noon), and then he returns after zawāl in Mina, then, the affirmed wajh is that there is no specified ruling attributed to his exiting. This is because he did not exit during the time in which he is able to carry out throwing. If he exits during the time we mentioned, and he did not return until sunset, then his ‘alāiq has ceased even though his exiting is before the time of throwing. This is because his continual state of being outside Minā until the sun sets supersedes the initiation of exiting after zawāl . And if he exits before zawāl and returns before maghrib, the zhāhir (relied upon) of the maźhab is that he should throws, and his throwing suffices, in contrast to the case where he exits after zawāl.

From amongst our aśhāb are those who communicated in the following manner in place of the earlier qauls and it is: Indeed, if he exits before zawāl, and do not return until maghrib, it is as if he exits after zawāl and did not return until maghrib. And since this analogy was made, the same analogy is also applied even for one who returns just before maghrib.

Allah knows best.

This is the end of the quote from Imam al-Haramain.

3.6 Adab of Departing from Minā

Our aśhāb said: when one nafr from Minā on the first or second nafr, he departs from the Jamra of al-‘Aqaba riding as how he was, while he makes takbīr and tahlīl and he does not pray Zhuhr in Minā. Instead, he prays at the manzil (alighting place for travelers) which is the Muhaśśib (name of the way between the mountains between Makka and Minā, so called due to the pebbles in it – Lanes) or others. It is, however permissible for him to pray in Minā. The sunna however is as we mentioned due to the hadīth of Anas that we will mention soon in a coming section, if Allah Most High permits. Our aśhāb said: There are nothing obligatory for the pilgrim after his nafr from Minā at this point except the tawāf of wadā’.

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