Question:
My father performed Hajj last year. He went to throw stone to ‘Jamra’ on second day before noon and left the ‘mina’ before ‘magrib’. After, it was understood that throwing stone should perform after noon (zuhar)? Whether he has to pay ‘kaffarath’ for this mistake? If yes, what does he have to pay?. Is there any different views in different ‘madhab’?. Awaiting your valuable/detailed response.
Fatwa:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad () is His slave and Messenger.
The majority of the Muslim Scholars' view is that the time of throwing pebbles at jamaraat on the 11th and the 12th of Dhul-Hijja is after the decline of the sun (after Zuhr). Whoever throws pebbles before that time, he should repeat it after Zuhr. Abu Hudaifah, Malik Shafie Ahmad are among those who have the mentioned view. They based their opinion on the saying of Ayshah, She said: "The pebbles should be thrown at jamaraat after the declining of the sun". Jabir narrated while describing the Prophet's Hajj:" I saw the Prophet did the Ramy (throwing pebbles) on the day of Nahr (10th of Dhul-Hijjah) before noon, and then (on the 11th, the 12th and 13th of Dhul-Hijjah) he did the Ramy after the decline of the sun.
The Prophet said: "Learn your rituals (by seeing me performing them). Ibn Abbas said: " The Prophet threw the pebbles after the decline of the sun and then he performed Zuhr prayer.
But Ashab al-Ray and Ishak permitted to throw the pebbles before the decline of the sun on 13th Dhul-Hijjah, but one should not leave Mina except after the decline of the sun.
The opinion of the majority of the Muslim Scholars is the preponderant one, because there is much evidence supporting their view. So every one who has thrown the pebbles before the decline of the sun and had not repeated it after the decline, he has to pay an expiation for leaving an obligatory (wajib) act, i.e. slaughtering a sheep in Makkah and distributing it among needy and poor people of Haram. (A sanctuary area; Makkah and around it.).
If going back to Makkah is hard for him he can depute a person or an organization to slaughter the ransom on his behalf.
Allah Knows best.