As for the time of permissibility, it begins at the middle of the night of the Day of Sacrifice. This is the position of 'Ata', Ibn Abi Layla, 'Ikrimah ibn Khalid, and al-Shafi'i (20). According to a report from Ahmad, it is sufficient [to perform it] after dawn, before sunrise. This is the opinion of Malik, the Ashab al-Ra'y (the school of opinion), Ishaq, and Ibn al-Mundhir. Mujahid, al-Thawri, and al-Nakha'i said: One should not throw at it except after sunrise, due to the hadith we have narrated. Our evidence is what Abu Dawud (22) narrated from 'A'ishah, may Allah be pleased with her, that the Prophet (peace and blessings of Allah be upon him) commanded Umm Salamah on the night of the Day of Sacrifice, so she threw at Jamrat al-'Aqabah before dawn, then she proceeded and performed the Ifadah (pilgrimage circumambulation). It was narrated that he commanded her to hasten the Ifadah and to reach Mecca after the Morning prayer (23). Ahmad used this as evidence. We have already mentioned in the hadith of Asma' (24) that she threw, then returned and prayed the Morning prayer, and she mentioned that the Prophet (peace and blessings of Allah be upon him) permitted the women to leave [Muzdalifah early]. Furthermore, it is a time for departing from Muzdalifah, so it is a time for throwing, like the time after sunrise, and the aforementioned reports are to be interpreted as referring to recommendation. If one delays the throwing until the end of the day, it is permissible. Ibn 'Abd al-Barr said: The scholars of knowledge have reached a consensus that whoever throws at it on the Day of Sacrifice before sunset has thrown it [at a time designated for it] (25), even if it was not the recommended time. Ibn 'Abbas narrated: The Prophet (peace and blessings of Allah be upon him) was being asked at Mina on the Day of Sacrifice, and a man said: "I threw after I had entered the evening?" He replied: "There is no harm." Recorded by al-Bukhari (26). If one delays it until the night, he should not throw it until the sun passes its zenith
(20) Omitted from (A). (21) In (A): "tulu'" (sunrise) is an addition. (22) Its recording has already been presented on page 285. (23) Recorded by al-Bayhaqi, in: The Chapter on Those Who Permitted Throwing at it After the Middle of the Night, from the Book of Hajj. Al-Sunan al-Kubra 5/133. (24) Its recording has already been presented on page 285. (25) Omitted from the original. (26) In: The Chapter on Slaughtering Before Shaving, and the Chapter on If One Throws After Entering the Evening..., from the Book of Hajj. Sahih al-Bukhari 2/212, 214, 215. It was also recorded by Abu Dawud, in: The Chapter on Shaving and Trimming, from the Book of Manasik. Sunan Abi Dawud 1/458. And al-Nasa'i, in: The Chapter on Throwing After the Evening, from the Book of Manasik. Al-Mujtaba 5/221. And Ibn Majah, in: The Chapter on Those Who Performed a Ritual Before Another, from the Book of Manasik. Sunan Ibn Majah 2/1013. And al-Daraqutni, in: The Chapter on Times, from the Book of Hajj. Sunan al-Daraqutni 2/253, 254.
