I brought my father and mother on a family visit to the Kingdom with the intention of doing Hajj. They arrived in Shawwaal from Khartoum to Madinah, and stayed there until they went to Makkah at the beginning of Dhu’l-Qa‘dah without entering ihram. They stayed in Makkah until I came from Dammam to Makkah, also without ihram, And I stayed with them in Makkah for three days, until the seventh day of Dhu’l-Hijjah. Then we moved from Makkah to the Haram, and entered ihram there, and formed the intention to do Hajj ifraad. We did tawaf al-qudoom (the tawaf of arrival) and the sa‘i of Hajj, and on the eighth day of Dhu’l-Hijjah, we went to Mina and stayed there until 1 a.m., then we went to ‘Arafah, which we reached at 3 a.m. Please note that my father has a disability affecting his legs, and he needs a wheelchair. Then we left ‘Arafaat after sunset, and reached the mosque of Muzdalifah at 9 p.m., and at 2 a.m. we moved from Muzdalifah to Mina, where we arrived at dawn. We stoned Jamrat al-‘Aqabah at 6 a.m., then my father and mother paid the price of the hadiy (sacrificial animal), and I also paid the price of the hadiy. Then we shaved our heads and exited ihram. On the second day, we stoned all three jamaraat at 10 a.m., and went to Makkah to do tawaf al-ifaadah. On the third day, we left Mina at 2 a.m., and stoned the Jamaraat, because we were hastening to depart after two days. Then we went to Makkah and did the farewell tawaf, then we went to Jeddah, and from Jeddah to Dammam the following day. Is there any of the rituals that my father or my mother or myself did that is not acceptable? If that is the case, then what must we do?
Praise
be to Allah
As your parents
came from Khartoum with the intention (niyyah) of performing Hajj and they
travelled from Madinah to Makkah with this intention, what they should have
done was to enter ihram from the miqaat of Madinah; it is not permissible
for them to enter ihram from Makkah.
Based on that,
each of them must offer a sacrifice, to be slaughtered in the Haram, and its
meat to be distributed among the poor of the Haram.
You also came
from Dammam with the intention of performing Hajj, and you did not enter
ihram from the miqaat, so you must also offer a sacrifice, like them.
The majority of
fuqaha’ are of the view that stoning the Jamrah before the sun passes the
meridian is not acceptable because it is proven that the Prophet (blessings
and peace of Allah be upon him) stoned it after the sun had passed the
meridian, and he (blessings and peace of Allah be upon him) said: “Learn
from me your rituals [of Hajj].” Narrated by Muslim (1297).
As you stoned
the Jamrah before the sun had passed the meridian, each one of you must
offer a further sacrifice to compensate for not having stoned the Jamaraat
at the time prescribed.
Shaykh Ibn Baaz
(may Allah have mercy on him) said:
Stoning the
Jamrah before the sun has passed the meridian is not valid on days other
than the day of Eid. As for doing so on the day of Eid, there is nothing
wrong with that. As for stoning the Jamaraat before the sun has passed the
meridian on the days of at-tashreeq, that is not acceptable because it is
contrary to what is prescribed. The Messenger (blessings and peace of Allah
be upon him) stoned them after the sun had passed the meridian, and he
(blessings and peace of Allah be upon him) said: “learn from me your rituals
[of Hajj].” Similarly, his companions stoned the Jamaraat after the sun had
passed the meridian. Acts of worship are tawqeefi [i.e., they can only be
known through divine Revelation and sound texts of hadeeth] and are not to
be based on individual opinion.
Whoever stones
the Jamaraat before the sun has passed the meridian, his stoning of them is
not valid, and he must offer a sacrifice to compensate for failing to do was
obligatory.
http://www.binbaz.org.sa/noor/10258
See also the
answers to questions no. 36436 and
96095.
So each of them
must offer two sheep, to compensate for failing to do two obligatory acts,
namely entering ihram from the miqaat and stoning the Jamaraat at the time
stipulated in sharee‘ah.
You also
mentioned that you paid the price of the hadiy (sacrificial animal), but in
the case of Hajj ifraad, no hadiy is required; it is not like qiraan or
tamattu‘.
If you intended
this hadiy to compensate for the obligatory actions that you failed to do,
then each of you still owes another sheep.
But if you did
not intend that, then it was a voluntary sacrifice, and each one of you must
still offer two sheep, because in the case of expiatory acts (kafaarah), it
is essential to form the appropriate intention (niyyah), as is required in
all other acts of worship.
An-Nawawi (may
Allah have mercy on him) said: The intention (niyyah) is essential in
expiatory acts. The intention of offering expiation is sufficient, and it is
not essential to state that it is obligatory, because acts of expiation
cannot be anything other than obligatory.
End quote from
Rawdat at-Taalibeen (8/279)
It says in
al-Ashbaah wan-Nazaa’ir (1/73) by Ibn Nujaym, with the commentary
thereon entitled Ghamaz ‘Uyoon al-Basaa’ir:
With regard to
acts of expiation, the intention (niyyah) is essential to their being valid,
whether the act in question is the manumission of a slave, fasting or
feeding the poor. End quote.
In al-Kaafi
Sharh al-Bazdawi (3/1066) it says:
Expiation (kafaarah)
is an act of worship that is required as a penalty.
With regard to
it being an act of worship, that is because it is performed in obedience to
Allah, namely fasting, and the intention (niyyah) is an essential condition
thereof, or it because of his having committed a misdeed, so that misdeed
should be followed by an act of worship, in order to cancel it out. The
Prophet (blessings and peace of Allah be upon him) said: “Follow a bad deed
with a good deed, so as to erase it.”
As for it being
a penalty, it is a punishment for his misdeed and a deterrent.
See: Qawaa‘id
al-Ahkaam by al-‘Izz ibn ‘Abd as-Salaam (333), and Maqaasid al-Mukallafeen
by al-Ashqar (1/178).
And Allah knows
best.
