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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 286642 - Issue: He said: (Then he departs before the sunrise)

Translation · EN

from Arafah during the day [then returned during the day] (25). Whoever does not reach (26) Muzdalifah until the latter half (27) of the night, there is nothing upon him, because he did not catch any part of the first half, so its ruling does not apply to him (28), just like one who reaches the night at Arafah but not the day. It is recommended to follow the example of the Messenger of Allah (peace and blessings of Allah be upon him) in spending the night until morning, then standing until the light of dawn appears. There is no harm in sending the weak and the women ahead, and among those who used to send the weak of his family ahead were Abd al-Rahman ibn Awf and Aisha. This is the opinion of Ata', al-Thawri, al-Shafi'i, Abu Thawr, and the People of Opinion (Ahl al-Ra'y). We know of no dissenter regarding this, and that is because it contains kindness toward them, removes the hardship of crowding for them, and follows the action of their Prophet (peace and blessings of Allah be upon him).

642 - Issue: He said: (Then he departs before sunrise).

We know of no disagreement that the Sunnah is to depart before sunrise, and that is because the Prophet (peace and blessings of Allah be upon him) used to do so. Umar said: The polytheists would not depart until the sun rose. They would say: "Shine upon Thabir (1), so that we may press on." The Messenger of Allah (peace and blessings of Allah be upon him) opposed them and departed before the sun rose. Narrated by al-Bukhari (2). The Sunnah is to stand until the light of dawn clearly appears. This is the view of

Notes

(25) Omitted from B and M. (26) In B and M: "yuwafiq" (concurs/arrives). (27) In B and M: "al-akhir" (the last). (28) In the original: "hukm" (ruling). (1) Thabir: A mountain at Muzdalifah on the left for one going toward Mina. (2) In: Chapter: When one departs from Jam', from the Book of Hajj. Sahih al-Bukhari 2/204. It does not contain the phrase: "so that we may press on." It was also narrated by Abu Dawud, in: Chapter: Prayer at Jam', from the Book of Rites. Sunan Abi Dawud 1/449, 450. And al-Tirmidhi, in: Chapter: What was reported that the departure (ifadah) from Jam' is before sunrise, from the Chapters on Hajj. 'Aridat al-Ahwadhi 4/132. And al-Nasa'i, in: Chapter: The time of departure from Jam', from the Book of Rites. al-Mujtaba 5/215. And Ibn Majah, in: Chapter: Standing at Jam', from the Book of Rites. Sunan Ibn Majah 2/1006.

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