When does the period of the months of Hajj ('Ashhur al-Hajj) officially end?
Chapter on Mentioning Ihram
Al-Mughni
Book of Hajj
Primary text
The months of Hajj are Shawwal, Dhu al-Qa'dah, and Dhu al-Hijjah. This view is attributed to 'Umar, his son, Ibn 'Abbas, Malik, and the People of Reason. The evidence cited is that the minimum number for a plural term ('Ashhur) is three. Furthermore, the Day of Sacrifice ('Eid al-Adha) is considered part of these months because the Prophet (peace be upon him) declared the 'Day of the Greater Hajj' to be the Day of Sacrifice. It is illogical for the Day of the Greater Hajj not to be included in the months of Hajj. Additionally, the Day of Sacrifice contains a pillar of Hajj (Tawaf al-Ifadah) and many essential rites like stoning al-'Aqabah, sacrifice, shaving/trimming, Tawaf, Sa'i, and returning to Mina. What comes after is not part of the months because it is not the time for entering Ihram or performing its pillars.
Supporting text
Al-Shafi'i holds that the end of the months of Hajj is the night preceding the Day of Sacrifice, excluding the Day of Sacrifice itself. This is derived from the Quranic verse concerning imposing Hajj: {Faman farada fihinna al-hajj} (Quran 2:197), arguing that imposing Hajj cannot occur after the night of sacrifice. The interpretation that {fihinna} (in them) means 'in the majority of them' is also put forth to reconcile the position.