Ruling if there is a shortcoming in deputization

Q: Allah blessed me with the performance of Hajj in 1411 A.H. along with some Muslim brothers and their families. A few of the women who were in my group were my nieces but the rest were not related to me in any way. We performed the rituals of Hajj as follows:Firstly: We entered Makkah with the intention of Tamattu` Hajj (performing `Umrah during the months of Hajj followed by Hajj in the same year with a break in between). We performed all the rituals of `Umrah (lesser pilgrimage) and then removed the ritual state for `Umrah.Secondly: We assumed the state of Ihram (the ritual state for Hajj or `Umrah) on the eighth of Dhul-Hijjah and headed for Mina, but we did not find a place where we could stay, so we spent the night in Muzdalifah. Thirdly: On the ninth of Dhul-Hijjah, we went to `Arafah in the morning and stayed there until sunset.Fourthly: We left `Arafah and arrived at our residence in Muzdalifah. When it was the due time of the `Isha' (Night) Prayer, we performed the Maghrib (Sunset) Prayer and the `Isha' Prayer combined.Fifthly: We left Muzdalifah at 1 A.M. And went to Mina to throw Al-Jamrah Al-Kubra (largest pebble-throwing area; Jamarat-ul-`Aqabah). As I have said, some women were in our company. We threw the Jamrah (stone pillar marking the pebble-throwing area) after midnight.Sixthly: We all went to Al-Bayt-ul-Haram (the Sacred House, another name for the Ka`bah) where we performed Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj) (Part No. 10; Page No. 321) before the Fajr (Dawn) Prayer, made Sa`y (going between Safa and Marwah during Hajj and `Umrah) and had our hair cut. I would like to inform you that we paid the price of the Hady (a sacrificial animal offered by pilgrims) through Al-Rajhiy Company which is commissioned to distribute the meat of the Hady and Ud-hiyah (a sacrificial animal offered by non-pilgrims) to the poor.Consequently, we entered the stage of major Tahallul (final removal of the ritual state for Hajj and `Umrah, after performing the final obligatory circumambulation of the Ka`bah for Hajj).Seventhly: On the eleventh of Dhul-Hijjah we went to throw the three Jamarat; Al-Jamrah Al-Sughra (first or smallest pebble-throwing area), Al-Jamrah Al-Wusta (second or middle pebble-throwing area) and Al-Jamrah Al-Kubra (largest pebble-throwing area; Jamarat-ul-`Aqabah). My niece authorized me to throw the Jamarat on her behalf. Out of my keenness to protect their interest, I threw the Jamarat on their behalf before throwing the Jamarat for myself.Eighthly: In the early morning of the twelfth of Dhul-Hijjah, we performed Tawaf-ul-Wada` (circumambulation of the Ka`bah on leaving Makkah). This was done according to a Fatwa my father had received from one of the Shaykhs, may Allah reward them with the best! Then, we offered the Fajr Prayer in the Sacred Mosque and left for Al-Abtah .Ninthly: Before noon of the twelfth of Dhul-Hijjah, we left Al-Abtah to go to the Jamarat. We were exhausted and our women were left alone at Al-Abtah. An hour and a half before noon, we threw the three Jamarat respectively; Al-Jamrah Al-Sughra, Al-Jamrah Al-Wusta and Al-Jamrah Al-Kubra (Jamarat-ul-`Aqabah). Then we went back to Al-Abtuh and left Makkah .May Allah prolong your life! My question is as follows; After my return, I was told I have to offer a Fidyah (ransom) for the following reasons:1- I threw the Jamarat for my authorizer before throwing for myself .2- I, as well as others in my company who have to offer a Fidyah as well, performed Tawaf-ul-Wada` before throwing the Jamarat . (Part No. 10; Page No. 322) My dear father! I would be grateful if you, after knowing how my Muslim brothers and I performed the rituals of Hajj, could tell us what we should do and whether our Hajj is valid or not? I would like to inform you that this Hajj was the first for all of us with the exception of three people from among our Muslim brothers. Benefit us, may Allah benefit you!


A: Firstly: It is Sunnah (action following the teachings of the Prophet) for whoever does not have any weak people in their company to stay in Muzdalifah until they perform the Fajr Prayer, to supplicate to Allah and to praise Him until sunrise. Then they can go to Mina. However, as long as you left Muzdalifah after midnight, we hope that there is nothing wrong with doing so. Similarly, there is nothing wrong in staying and sleeping in Muzdalifah during the nights of Tashriq (11th, 12th and 13th of Dhul-Hijjah) when it was impossible for you to find a place for residence in Mina. Secondly: It is obligatory upon the authorized person to throw the Jamarat for himself and then on behalf of his authorizer. The act of throwing the Jamarat should not be done except after noon on the days of Tashriq. Therefore, each of you has to offer a Fidyah for throwing the Jamarat before noon and for the fault of giving your authorizer preference over yourself regarding the throwing of the three Jamarat. It is worth mentioning that the Fidyah is a sheep meeting the same conditions of an Ud-hiyah (sacrificial animal offered by non-pilgrims) to be slaughtered in Makkah and its meat distributed among the poor residing in the Haram (all areas within the Sacred Sanctuary of Makkah). As for those who cannot afford it, they have to observe Sawm (Fast) for ten days. Thirdly: With regard to Tawaf-ul-Wada`, it is not performed except after finishing all the rituals of Hajj. Seeing as you performed Tawaf-ul-Wada` before throwing the Jamarat on the first day of Tashriq, (Part No. 10; Page No. 323) each of you has to offer a Fidyah like the Fidyah which is obligatory in the case of throwing the Jamarat, as explained above. As for those who cannot afford it, they have to observe Sawm for ten days.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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