Is the tawaf al-Ifadah valid if performed before the stoning (Rami)?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The Tawaf al-Ifadah is valid even if performed before the Rami (stoning). This view is held by Al-Shafi'i. The evidence for this is what was narrated from 'Ata that the Prophet (PBUH) told a man who asked if he performed Tawaf before Rami: "Stone, and there is no harm." It is also narrated that the Prophet (PBUH) said, "Whoever puts something before something else, there is no harm." Furthermore, it is narrated from 'Abdullah ibn 'Amr ibn al-'As that whenever the Messenger of Allah (PBUH) was asked about something being put before or delayed, he would say, "Do it, and there is no harm." Since the Rami was performed within its prescribed time, the act is deemed sufficient, similar to if the order was followed. Consequently, if one performs Tawaf al-Ifadah before Rami, the first form of exiting the state of Ihram is achieved, similar to someone who stoned but did not perform Tawaf.
Supporting text
Imam Malik holds that the Tawaf al-Ifadah is not valid if performed before the Rami; the order must be followed: stone first, then slaughter (Nahr), then perform Tawaf (Ifadah). If one performs Tawaf before Rami and then has sexual relations with his wife before Rami, a penalty (dham) is incumbent, but the Hajj is not invalidated, according to the apparent meaning of our scholars' positions. Al-Awza'i agrees regarding the penalty if relations occur before Rami. If someone returns to his family without performing Rami, a penalty is due for neglecting Rami, but the Hajj remains valid, based on the statements of Ibn 'Abbas and 'Ata that whoever forgets or omits a ritual must offer a penalty sacrifice.