then there is no blood sacrifice (dam) upon him. Malik and al-Shafi'i held this view. The Kufans and Abu Thawr said: He owes a blood sacrifice because, by departing, the blood sacrifice became binding upon him and does not fall away by his return, just as if he had returned after sunset. Our argument is that he performed the obligatory act, which is the combination of standing in both the night and the day; thus, no blood sacrifice is due, similar to someone who passes the miqat without being in a state of ihram and then returns and enters ihram from it. If he does not return until the sun has set, then he owes a blood sacrifice, because he was obligated to stand at the time of sunset, and he missed it by his departure; he is thus like one who passes the miqat without being in a state of ihram, enters ihram before it, and then returns to it.

Whoever does not catch any part of the day and does not come to Arafah until the sun has set, but stands during the night, there is nothing upon him, and his Hajj is complete. We know of no one who disagrees with this (33), because of the statement of the Prophet (peace and blessings of Allah be upon him): "Whoever catches Arafat by night [has caught the Hajj] (34)." And because he did not catch any part of the day, he is like someone whose residence is closer than the miqat when he enters ihram from it.

Section: The time for standing is from the breaking of dawn on the day of Arafah until the breaking of dawn on the Day of Sacrifice (Yawm al-Nahr). We do not know of any disagreement (35) among the scholars that the end of the time is the breaking of dawn on the Day of Sacrifice. Jabir said: "The Hajj does not pass until the dawn breaks on the night of Jam'." Abu al-Zubayr said: I asked him, "Did the Messenger of Allah (peace and blessings of Allah be upon him) say that?" He replied, "Yes." Narrated by al-Athram (36). As for its beginning, it is from the breaking of dawn on the day of Arafah; so whoever catches Arafah during any part of this time while sane, his Hajj is complete. Malik and al-Shafi'i said: The beginning of its time is the sun's reaching its zenith (37) on the day of Arafah. This was chosen by Abu Hafs al-'Ukbari, and the words of al-Khiraqi were interpreted in this way. Ibn Abd al-Barr cited this as a consensus.