If sunset occurs before departure on the second day for someone intending the two-day early departure, can they still leave?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
If sunset occurs on the second day before one leaves Mina, departure is impermissible, whether they had packed their belongings or were residing in their lodging. This is the view of Umar, Jabir ibn Zayd, 'Ata, Tawus, Mujahid, Aban ibn 'Uthman, Malik, al-Thawri, al-Shafi'i, Ishaq, and Ibn al-Mundhir. This ruling is based on the interpretation that the phrase "in two days" in the verse refers to the daytime, and if night arrives, the condition of hastening in two days has not been met.
Supporting text
Abu Hanifa holds that departure is permissible as long as the dawn of the third day has not arrived, arguing that the time for stoning on the second day has not begun, thus permitting departure as it was permissible before sunset. However, the rebuttal is that if night overtakes them on the second day, they have not completed the two days, and it is established that Ibn Umar stated: 'Whoever is overtaken by evening on the second day, let him remain until the next day to depart with the people.'