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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 379Section

Translation · EN

He granted a concession to the shepherds that they may pelt for one day and leave one day. The rule is the same for those who provide water for the pilgrims. It has been narrated from Ibn 'Umar that al-'Abbas requested permission from the Prophet (may God bless him and grant him peace) to spend the nights of Mina in Makkah for the sake of his water-provisioning duties. It is agreed upon. However, the difference between the shepherds and those of the water supply is that if the shepherds remain until the sun has set, [they are obligated to spend the night, whereas those of the water supply are otherwise. This is because the shepherds only pasture during the day, so when the sun sets], the time for pasturing has ended, while those of the water supply are occupied both night and day; thus, they differ. The shepherds have become like the sick person for whom it is permissible to abandon the Jumu'ah (Friday prayer) due to his illness, but if he is present for it, it becomes obligatory upon him. The shepherds were permitted to abandon spending the night due to pasturing, so if that time passes, spending the night becomes obligatory.

Section: People with valid excuses other than the shepherds, such as the sick and those who have wealth they fear will be lost, and the like, are like the shepherds in abandoning spending the night; because the Prophet (may God bless him and grant him peace) granted this concession to the latter as an alert regarding others, or we say: he issued a ruling on it due to a reason found in others, so it is necessary to include them with them.

Section: If a man is sick, imprisoned, or has a [valid] excuse, it is permissible for him to appoint a representative to pelt on his behalf. Al-Athram said: I said to Abu 'Abd Allah: If the Jamarat are pelted on his behalf, should he witness that or remain in his dwelling? He said: It pleases me that he witnesses it if he is able when it is being pelted on his behalf. I said: And if he is too weak for that, should he remain in his dwelling [and send someone to pelt] on his behalf? He said: Yes. The Qadi said: It is recommended that he place the pebbles in the representative's hand so that he has a role in the pelting. And if the one appointing a representative loses consciousness, the representation is not terminated, and the representative may pelt on his behalf, just as if he had appointed him in the Hajj and then lost consciousness. Al-Shafi'i stated what we have mentioned regarding this issue, and Malik said the same, except that he said: The sick person should time it when they are pelting and recite seven takbirs (saying "Allahu Akbar").

Notes

(5) Its extraction was mentioned previously on page 325. (6) Omitted from: B and M. This is an oversight. (7) In B and M: "ala" (upon). (8) In B and M: "wa-yarmi" (and he pelts).

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